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Appeals dismissed from quantification of s. 8 damages
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision


Appeal of the re-examination board’s decision dismissed: three claims rejected
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the


Other IP industry news of note
  • Borden Ladner Gervais LLP
  • Canada
  • August 25 2010

The amendments to the Federal Court Rules regarding expert witnesses have been published into law (starting at pg 1547


Astrazeneca v. Apotex
  • Borden Ladner Gervais LLP
  • Canada
  • August 25 2010

The Court found the allegations of invalidity as to lack of sound prediction of utility and of obviousness justified and dismissed the application


Other industry news
  • Borden Ladner Gervais LLP
  • Canada
  • May 23 2011

The Patented Medicines Prices Review Board is seeking comments on its proposed revised Rules of Practice and Procedure for its hearings


Prohibition granted re: compound patent
  • Borden Ladner Gervais LLP
  • Canada
  • May 23 2011

The Federal Court granted prohibition to Pfizer in respect of Mylan's Notice of Allegation (NOA) that the patent for the drug in question was invalid


Appeal upholds dismissal of request to amend pleadings due to proximity to trial
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

This case concerns an appeal of a motion to amend pleadings in the s. 8 case described above. The motion had originally been brought three months


Patent infringement action dismissed since no claims were both valid and infringed
  • Borden Ladner Gervais LLP
  • Canada
  • June 2 2014

This was a patent infringement action, relating to an invention that pertains to the general field of building construction. The Court conducted a


Hypothetical world when multiple s. 8 damages cases held not to reflect size of actual generic market
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

In May, 2012, the Federal Court quantified damages owed to Apotex pursuant to s. 8 of the NOC Regulations (decision here, summary here). Similarly


Experts permitted to attend testing at plaintiff's facility
  • Borden Ladner Gervais LLP
  • Canada
  • June 2 2014

This Order was issued in 2012, but just made public now. The defendant brought a motion seeking to permit its experts to attend testing, for samples