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Results: 1-10 of 324

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


Late pleadings amendments allowed, but with solicitor and client costs on the merits of addressing them
  • Borden Ladner Gervais LLP
  • Canada
  • August 11 2015

Bombardier brought a motion for leave to amend its Statement of Defence and Counterclaim to expand the list of prior art and include a new ground of


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


Federal Court grants prohibition order with respect to a use patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court considered and dismissed allegations relating to double patenting, insufficiency and lack of standing. The Court granted the


Appeal dismissed; patent claims upheld as invalid due to obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court of Appeal (FCA) dismissed an appeal from a trial decision finding the claims at issue in a patent infringement case to be invalid


FCA finds patent should be listed on the patent register for combination drug
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

In this case, the FCA overturned the Federal Court Decision dismissing Eli Lilly’s application for judicial review of a decision of the Minister of


Damages portion of trial determined
  • Borden Ladner Gervais LLP
  • Canada
  • July 20 2015

This decision relates to the remedy portion of an infringement action in which the Plaintiffs were successful. That decision was upheld on appeal


Mayo on the side? The Canadian Patent Office issues new examination guidelines for medical diagnostic methods
  • Borden Ladner Gervais LLP
  • Canada
  • July 17 2015

On June 29, 2015, the Canadian Intellectual Property Office (CIPO) issued a long-awaited Practice Notice PN 2015-02("Notice") on the subject of


Court of Appeal gives guidance on sound prediction issues
  • Borden Ladner Gervais LLP
  • Canada
  • July 15 2015

The Federal Court of Appeal (FCA) upheld a recent infringement decision finding a patent to be invalid due to inutility (decision here; summary here


Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2015 FC 770
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

Novartis has obtained an order prohibiting the Minister from providing an NOC to Teva for EXJADE. At the hearing, the issues were narrowed by Teva