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Results: 1-10 of 403

Two panel Court of Appeal does not have subject-matter jurisdiction in this case to vary its three panel judgment
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

Pfizer moved for an order reconsidering and varying the judgment of the Court of Appeal's decision in 2016 FCA 161, summarized the week of June 13


Court of appeal upholds finding of infringement and only requires a "mere scintilla" of utility
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal has dismissed Nova's appeal of an earlier finding that it had infringed Dow's patent relating to polyethylene used to make


Trial judge acknowledges stare decisis and comity in relation to findings from the previous NOC proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

This was a patent infringement action against Apotex and Cobalt, relating to a combination of drospirenone and ethinylestradiol for an effective oral


Court of Appeal upholds construction of the promise distinguishing between the compounds and use claims
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2016

The Federal Court of Appeal dismissed an appeal from a decision prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for


Supreme Court Update - September 14, 2016
  • Borden Ladner Gervais LLP
  • Canada
  • September 14 2016

Sandoz Canada Inc. has discontinued its application for leave to appeal from the Federal Court of Appeal's decision, where the Court of Appeal


Supreme Court Leaves to Intervene Granted
  • Borden Ladner Gervais LLP
  • Canada
  • August 31 2016

The Supreme Court has granted leave to intervene to the following: Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual


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


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


Patent held Invalid for Ambiguity and Obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • August 10 2016

Pollard challenged the validity of Scientific Games' (the successor to BABN) patent. Scientific Games counterclaimed with allegations of infringement


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