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Results: 1-10 of 382

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


Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Reply affidavits allowed when new documents introduced in responding evidence
  • Borden Ladner Gervais LLP
  • Canada
  • January 9 2014

In this case, there is a partial reversal of evidence. Apotex brought a motion for leave to file reply evidence. Allergan did not oppose parts of the


Costs awarded in patent infringement and Competition Act claim
  • Borden Ladner Gervais LLP
  • Canada
  • October 24 2011

The Court considered the calculation of costs and disbursements in an action relating to patent infringement and a counterclaim based on an alleged breach of the Competition Act


Leave to intervene denied on the basis of no additional insight and delay
  • Borden Ladner Gervais LLP
  • Canada
  • June 17 2015

This was a motion by Canada’s Research-Based Pharmaceutical Companies (Rx&D) for leave to intervene in the appeal of a decision relating to


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a


NOC application dismissed: overbreadth and lack of utility related
  • Borden Ladner Gervais LLP
  • Canada
  • March 5 2014

In a proceeding brought pursuant to the NOC Regulations, the Court made determinations with respect to obviousness, lack of utility and lack of sound


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


Patent not eligible for listing: patent claiming one medicinal ingredient,but directed to a fixed-dose combination of medicines
  • Borden Ladner Gervais LLP
  • Canada
  • October 15 2014

This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed


Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a