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Results: 1-10 of 353

Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Section 8 damages claim allowed; infringement not proven
  • Borden Ladner Gervais LLP
  • Canada
  • September 18 2013

Apotex claimed damages from Pfizer pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). The hearing


Causes of action found against Pfizer for a BC class-action certification based on the VIAGRA patent
  • Borden Ladner Gervais LLP
  • Canada
  • August 14 2014

Pfizer had a Canadian patent for VIAGRA that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC


Late pleadings amendments allowed, but with solicitor and client costs on the merits of addressing them
  • Borden Ladner Gervais LLP
  • Canada
  • August 11 2015

Bombardier brought a motion for leave to amend its Statement of Defence and Counterclaim to expand the list of prior art and include a new ground of


Leave to appeal to SCC granted for a section 8 damages case
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this


Pleadings amendment to a damages reference not allowed found to be a collateral attack on the final judgment
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

Apotex moved to file an amended Responding Statement of Issues on a reference pursuant to Rule 153. According to the Court, Apotex wants to argue


Appeal in NOC Proceeding dismissed as moot
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of


Application for an order of prohibition dismissed for formulation patent
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was


Damages portion of trial determined
  • Borden Ladner Gervais LLP
  • Canada
  • July 20 2015

This decision relates to the remedy portion of an infringement action in which the Plaintiffs were successful. That decision was upheld on appeal


Motion for particulars in action under section 8 denied as not necessary
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

Pfizer brought a motion in an action brought pursuant to section 8 of the Patented Medicines(Notice of Compliance) Regulations seeking to strike