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Results: 1-10 of 401

Order of prohibition overturned on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by


New trial ordered and injunction set aside due to a refusal to allow an amendment to the Defence and Counterclaim
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

The Federal Court of Appeal has heard three related appeals from this proceeding in the Federal Court, and in the result, has sent the matter back


Appeal decision addresses the promise doctrine
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

This decision relates to two appeals that were heard together and the reasons apply to both. The decision set out the parties’ positions and then


Claims under the statutes of monopolies and the "basket clause" struck in section 8 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court. In the


S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld


Other industry news: February 9 2015
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

Health Canada has updated the Guidance Document: Patented Medicines (Notice of Compliance) Regulations


Pleadings amendment re s. 53 allowed trial judge to determine materiality of inventors names
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

Idenix brought a motion to amend its pleadings. The Prothonotary granted leave to make certain amendments, however denied leave to make certain


Court grants order adding inventor
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

The Applicant, Dr. Falk Pharma GMBH sought an order pursuant to s. 52 of the Patent Act to vary inventorship on a patent. The Application was


Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a