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Results: 1-10 of 394

Claim construction is to be reviewed on a correctness standard, but the appreciation of expert evidence on construction is to be reviewed on a palpable and overriding standard
  • Borden Ladner Gervais LLP
  • Canada
  • August 26 2015

ABB has appealed two earlier judgments of the Federal Court: first, ABB's loss on the merits of a patent infringement action and the declaration that


Patent claiming the “rigidification” of oil sands tailings found to be an obvious modification of prior art
  • Borden Ladner Gervais LLP
  • Canada
  • September 2 2015

SNF commenced an action to impeach Ciba's process patent that claims rigidifying a material whilst retaining the fluidity of the material during


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


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


Court grants judicial review of minister of health’s decision
  • Borden Ladner Gervais LLP
  • Canada
  • January 16 2014

Apotex brought this application for judicial review of a decision of the Therapeutic Products Directorate (TPD) refusing to review Apotex’


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


Pfizer Canada v. Genpharm ULC and Mylan Pharmaceuticals et al
  • Borden Ladner Gervais LLP
  • Canada
  • July 5 2010

This is a motion brought in the context of a proceeding under the Patented Medicines (Notice of Compliance) Regulations (Regulations) pursuant to Section 6(5)(b) of the Regulations


Purdue Pharma v. Canada (Minister of Health)
  • Borden Ladner Gervais LLP
  • Canada
  • July 26 2010

The Court dismissed an application for judicial review of the Minister of Health's decision refusing to list a patent on the Patent Register


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


Finding of "fair expectation of success" leads to finding of obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • March 11 2013

Teva sent two Notices of Allegation, one in respect of 50mg tablets and the second in respect of 150, 200, 300 and 400mg tablets, which were addressed