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Results: 1-10 of 395

Appeal from motion to compel answers arising from discovery dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The appellants (Hospira) brought a motion to compel answers to 354 questions refused or taken under advisement at the discovery of the Respondents


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Court of Appeal raises issues of construction and medical treatment that should be considered by a higher court in future cases
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Both Bayer and Cobalt appealed from the Court’s judgment. Both appeals were addressed by the Court of Appeal in this decision. The Court of Appeal


Non-infringing alternative is relevant to damages, but not made out on facts
  • Borden Ladner Gervais LLP
  • Canada
  • August 5 2015

Merck was successful in a patent infringement action. A separate damages reference was held where the Judge awarded lost profits and a reasonable


FCA finds patent should be listed on the patent register for combination drug
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

In this case, the FCA overturned the Federal Court Decision dismissing Eli Lilly’s application for judicial review of a decision of the Minister of


Struck paragraphs claiming section 8 losses relating to overall market share are allowed back into the pleadings
  • Borden Ladner Gervais LLP
  • Canada
  • October 21 2015

The Federal Court has allowed an appeal of a Prothonotary's decision that struck out certain paragraphs of an Amended Statement of Claim without


Relevance does not necessarily mean a question must be answered on discovery
  • Borden Ladner Gervais LLP
  • Canada
  • October 28 2015

In this patent infringement action, the defendants sought to compel answers refused on discovery. The Prothonotary heard the motion and dismissed it


Patent claiming the “rigidification” of oil sands tailings found to be an obvious modification of prior art
  • Borden Ladner Gervais LLP
  • Canada
  • September 2 2015

SNF commenced an action to impeach Ciba's process patent that claims rigidifying a material whilst retaining the fluidity of the material during


Decisions in leave to appeal to the Supreme Court
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2013

The Supreme Court is releasing their judgment for two leave decisions this Thursday. The first, Gilead Science Canada Inc. v. Minister of Health


Federal Court overturns Prothonotary’s order striking paragraphs from Defence
  • Borden Ladner Gervais LLP
  • Canada
  • October 7 2014

This was a motion appealing the order of a prothonotary in the context of a patent infringement case. In the order appealed from, the Prothonotary