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Results: 1-10 of 441

Sending correspondence by XpresspostTM to the Commissioner of Patents is found to be effected on the date of delivery, not on the date of receipt
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2016

The Federal Court has held that the use of XpresspostTM service of Canada Post is considered to be delivery to a designated establishment within rule


The Federal Court of Appeal determines the incorrect date to assess obviousness-type double patenting, but leaves the determination of the correct date for another day
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2016

The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the


Court of Appeal considers comity as it applies to NOC proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2012

Apotex v


Court grants motion to reopen trial and admit new evidence
  • Borden Ladner Gervais LLP
  • Canada
  • April 27 2011

The Federal Court granted leave to reopen the trial and admit new evidence in a matter under reserve, in which no reasons or judgement have issued


Motion for default judgment denied without affidavit evidence
  • Borden Ladner Gervais LLP
  • Canada
  • October 28 2013

The Plaintiffs brought a motion for default judgment after no Statement of Defence was filed and no response to the Request to Admit was provided. The


Doctrine of bona fide purchaser for value without notice applies to patent rights
  • Borden Ladner Gervais LLP
  • Canada
  • February 6 2012

This case involves a dispute over who owned certain patent rights


Supreme Court Leaves to Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

The Supreme Court has dismissed Pfizer's leave to appeal in Pfizer Canada Inc., et al. v. Teva Canada Limited (36772). The Supreme Court has provided


Quia timet claim not struck from patent infringement suit
  • Borden Ladner Gervais LLP
  • Canada
  • April 20 2016

We previously reported on the appeal of a refusal to strike out a statement of claim, which was dismissed, during the week of April 4, 2016. In the


Patent held to not be infringed based on the construction of the claims
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA to Shire alleging its patent was invalid and will not be infringed by Apotex. The issues were narrowed for the hearing, where


Witness' Evidence Given Less Weight because not Blinded to Patent or Issues; NOC Proceeding Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA in respect of a single patent, alleging obviousness and lack of utility. The Court held that allegation was justified. In