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Results: 1-10 of 490

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


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


Non-infringing alternative is relevant to damages, but not made out on facts
  • Borden Ladner Gervais LLP
  • Canada
  • August 5 2015

Merck was successful in a patent infringement action. A separate damages reference was held where the Judge awarded lost profits and a reasonable


Pleadings for disgorgement of profits and for an accounting of profits in s.8 damages not struck in Ontario court
  • Borden Ladner Gervais LLP
  • Canada
  • August 1 2012

In this case, Apotex has claimed damages in Ontario Court pursuant to, inter alia, section 8 of the NOC Regulations. Lilly brought a motion to strike out parts of Apotex’ statement of claim


Patent found not to be infringed following construction of the term "independently"
  • Borden Ladner Gervais LLP
  • Canada
  • October 19 2016

Cascade is the owner of a Canadian patent related to a safety locking device for quick couplers and claims that Kinshofer have infringed or induced


Court Grants Order Correcting Inventorship, but Declines to Order Recording of Documents at Patent Office
  • Borden Ladner Gervais LLP
  • Canada
  • October 12 2016

Qualcomm sought an order pursuant to s. 52 of the Patent Act to add Mr. Rychlik as the sole inventor and to remove two of the named inventors. The


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