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Results: 11-20 of 341

Prohibition dismissed on the basis of non-infringement
  • Borden Ladner Gervais LLP
  • Canada
  • December 21 2016

The Court dismissed a prohibition application, which would have prevented Pharmascience from coming to market with its PMS-Zolpidem until the '988


Motion to Dismiss NOC Proceeding Granted Non-Infringement as an Abuse of Process
  • Borden Ladner Gervais LLP
  • Canada
  • December 14 2016

Apotex's motion to dismiss Valeant's NOC Proceeding pursuant to s. 6(5)(b) of the NOC Regulations was granted with costs. Apotex's NOA alleged


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


Complex proceedings may justify an award at the high end of Column IV, but not a further increase
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

Hospira brought a motion seeking directions concerning the assessment of its costs in the underlying proceeding. The Court agreed with the parties


Leave to appeal dismissed where, inter alia, "conflicting" decisions regarding the issues in play were not from Ontario
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex


Appeal relating to double patenting and sufficiency of tadalafil patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil


An unsuccessful defendant is not entitled to elect an accounting of profits to shield itself from an award of damages
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

On September 7, 2016, the Court held that Bayer's patent was valid and infringed (2016 FC 1013; our summary here). The parties were given an


Supreme Court Updates
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court has allowed Apotex to amend its statement of defence to include a new anticipation claim and a new defence of issue estoppel and


Patent anticipated by hearsay documents that met the test of necessity due to failure to comply with Federal Courts Rules
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court dismissed Gilead's application for prohibition in respect to the combination drug TUVADA covered in the '475 Patent. This


Cross-licensing agreements held to not trigger the requirement to send a Notice of Allegation under the PM(NOC) Regulations
  • Borden Ladner Gervais LLP
  • Canada
  • October 19 2016

The Federal Court of Appeal has overturned two decisions of the Federal Court, relating to the issuance of an NOC to a generic company who did not