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Canadian Patent Appeal Board Upholds Claims to Non-exemplified Humanized Antibodies
  • Borden Ladner Gervais LLP
  • Canada
  • August 9 2016

In a rare and long-awaited piece of good news for antibody patent applications in Canada, the Patent Appeal Board ("the Board") recently allowed


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


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


Bifurcation of Infringement and Validity Issues in Section 8 Action
  • Borden Ladner Gervais LLP
  • Canada
  • August 10 2016

This is a motion for bifurcation in an action brought pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations


Ownership of Patent Question for Provincial Court before Patent Office Records Varied
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2016

In this case, SALT Canada Inc. (SALT) brought an application for a declaration pursuant to section 52 of the Patent Act to change the owner of the


Court declares Minister's decision restricting importation of drugs from two of Apotex's drug manufacturing facilities in India unlawful
  • Borden Ladner Gervais LLP
  • Canada
  • August 24 2016

Apotex et al. Brought a judicial review (JR) of the Minister of Health's August 2015 decision that varied the terms and conditions of Apotex's Drug


Tesla’s patent pledge: is it enough?
  • Borden Ladner Gervais LLP
  • Canada
  • July 23 2014

Free use of patented technology? Caveat emptor. In a June 12, 2014 blog post titled, "All Our Patent Are Belong To You", Elon Musk, co-founder and


Claims under Section 8 of the NOC Regulations and under Ashby v. White struck in Ontario Court
  • Borden Ladner Gervais LLP
  • Canada
  • August 24 2016

In the Ontario Court, Apotex claimed damages pursuant to, inter alia , section 8 of the NOC Regulations. Pfizer brought a motion to strike out parts


Compliance with Order in the absence of stay renders appeal of Order moot
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

The Prothonotary ordered the production of certain documents, and the Court dismissed the appeal of this Order as moot. This is a further appeal. The


Good news for antibody patent applications in Canada
  • Borden Ladner Gervais LLP
  • Canada
  • February 27 2014

Patentees in the antibody arts in Canada have long been dogged by policy-based objections to claims that seek protection that is broader than the