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Results: 1-10 of 438

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


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


Motion for Interim Injunction Dismissed for Failing to Establish Irreparable Harm
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

TearLab brought a motion for an interim injunction, with the hearing for an interlocutory injunction being scheduled in late April or May. TearLab is


Appeal of a decision to not strike out Statement of Claim in its entirety dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2016

The Court dismissed Teva Canada Limited's appeal from the Prothonotary's Order declining to strike out Gilead's Statement of Claim in its entirety


Compound patent held to be not soundly predicted for the level of promised utility found by the Court
  • Borden Ladner Gervais LLP
  • Canada
  • February 24 2016

The Federal Court has dismissed an application for prohibition concerning the drug ALIMTA. Although the parties joined issue on a significant number


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


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


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


Improper priority claim is not a material allegation which renders patent void under s.53
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2016

This was a patent infringement action, relating to an invention that pertains to a fast, uniform and contactless method of crosslinking polymers


Supreme Court Upcoming Leave to Appeal Decisions
  • Borden Ladner Gervais LLP
  • Canada
  • March 9 2016

The Supreme Court will announce the result of a leave application which asks the correct applicable standard for patent utility in Canada and whether