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Results: 11-20 of 359

Dismissal of Motion to Vary Trial Decision in S. 8 case due to Later Infringement Finding Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2016

AstraZeneca has appealed a decision on its motion seeking to vary a judgment in a decision on the merits of a section 8 case. Damages were awarded to


Ownership of Patent Question for Provincial Court before Patent Office Records Varied
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2016

In this case, SALT Canada Inc. (SALT) brought an application for a declaration pursuant to section 52 of the Patent Act to change the owner of the


Appeal of NOC Proceeding Dismissed as Moot, Despite Ongoing Section 8 Proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2016

Amgen was unsuccessful in a proceeding brought pursuant to the NOC Regulations. It appealed that decision. Apotex brought the within motion to


Solicitors for the defendants are not removed as counsel even though the plaintiffs had contacted them about representation years prior
  • Borden Ladner Gervais LLP
  • Canada
  • July 14 2016

The Federal Court has upheld a decision to not remove counsel as solicitors of record for the defendants. The plaintiffs had argued that when they


Prothonotary's Dismissal of a PM(NOC) application pursuant to s. 6(5)(b) upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

Celltrion brought a motion pursuant to s. 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulation (the NOC Regulations) to have the


Order of Prohibition Granted in respect of Compound Patent but Refused in respect of Patent Relating to Salt
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

This is an application under the Patented Medicines (Notice of Compliance) Regulations related to two patents. The first patent (the '840 Patent


Court awards damages for patent infringement in second part of a bifurcated decision
  • Borden Ladner Gervais LLP
  • Canada
  • June 30 2016

Court awards damages for patent infringement in second part of a bifurcated decision Janssen Inc. v. Teva Canada Limited, 2016 FC 593 Drug:


Court disallows pleading amendments that are found to have no reasonable prospect of success
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

Teva has lost both of its appeals seeking to amend its pleading to add in a claim that the patent at issue had been fraudulently obtained by


Pleadings amendments are allowed to particularize what a party would have done in the "but for" world
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

This is an action where Apotex has claimed section 8 damages against AstraZeneca. The Court had previously ruled on a motion to determine objections


Hearsay statements regarding the generic's ability to supply in the "but for" world should have been excluded
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

A Judge of the Federal Court had previously awarded Teva section 8 damages under the PM(NOC) Regulations. The Court provided the key findings of fact