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Results: 11-20 of 315

Decisions re motions to strike upheld: Agreement with ratiopharm does not preclude Teva Section 8 Claim
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The Pfizer appellants (Pfizer) appealed the decision of the Court denying their motion for summary judgment in respect of the action by Teva Canada


Drug that is both a salt and an ester of an existing drug is not found to be eligible for data protection
  • Borden Ladner Gervais LLP
  • Canada
  • December 9 2015

The Federal Court has dismissed the judicial review of a decision by Health Canada denying data protection to the applicant for hexaminolevulinate


Court orders the production of transcripts from prior unrelated cases because they are relevant to issues in the current action
  • Borden Ladner Gervais LLP
  • Canada
  • December 3 2015

Teva has appealed a Prothonotary's order to provide documents refused to be produced at examination for discovery of the Teva representative. The


Patent claim resulted from “skilled work”, not “creative work”, and is found to be obvious
  • Borden Ladner Gervais LLP
  • Canada
  • December 3 2015

The Federal Court has dismissed an application for prohibition for obviousness. The invention was described as “to take the ‘naturally occurring'


Patent is not found to be a selection patent, and thus was anticipated and obvious
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2015

The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet


FCA reinstates PMPRB jurisdiction over generic companies with permission from patentee to sell medicine as they enjoyed a benefit from the patent
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2015

In these cases, the government appealed Federal Court decisions that allowed judicial reviews of multiple PMPRB decisions. The issue on appeal was


Gilead has successfully obtained a declaration of invalidity of a patent that it reasonably expected would be asserted against it
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2015

The Federal Court has allowed Gilead’s claim to invalidate Idenix's '191 patent on the grounds of insufficient disclosure and lack of demonstrated


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


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


FCA dismisses appeal; upholds finding that obviousness allegations are justified
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2015

The Federal Court of Appeal (FCA) issued two sets of reasons stemming from two appeals between these companies. Both appeals were from the same