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Results: 1-10 of 239

Allegations of Invalidity Found Justified on the Basis of Obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • February 15 2017

In this case, the Federal Court dismissed an application for an order of prohibition. The patent at issue claimed pharmaceutical formulations of


Court Dismisses Alexion's Appeals from Three Separate Orders
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2017

The Court dismissed Alexion's appeals concerning three separate Orders. The first appeal concerned Prothonotary Aalto's Order allowing the


Costs Awarded at the Higher End of Column IV, with Elevated Costs for Various Factors
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2017

In this decision on costs, the Court award costs calculated at the top of column IV of Tariff B to the Plaintiff for its successful impeachment action


Unparticularized Allegations Made Pursuant to S. 53 Struck Without Leave to Amend
  • Borden Ladner Gervais LLP
  • Canada
  • February 1 2017

In this case, Apotex started an action to impeach Shire's patent relating to lisdexamfetamine dimesylate. Shire brought a motion to strike portions of


Application for Prohibition Granted for Generic Version of Concerta
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Court granted Janssen's application prohibiting the Minister of Health from issuing an NOC to Actavis for its generic version of Concerta. The


Supreme Court Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Supreme Court of Canada announced that judgment in this application for leave to appeal will be delivered on Thursday, January 19, 2017. The


Dismissed Motion for Interlocutory Injunction Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

This was an appeal against Justice Manson's unreported decision in 2016 FC 606, dismissing TearLab's motion for an interlocutory injunction to prevent


Patent Validity and Infringement Upheld on Appeal; Limitation Period in Patent Act not Necessarily Applicable to Old Act Patents
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In this case, the FCA considered an appeal and cross-appeal of a decision relating to omeprazole. The trial decision can be found here (2015 FC 322


Prohibition dismissed on the basis of non-infringement
  • Borden Ladner Gervais LLP
  • Canada
  • December 21 2016

The Court dismissed a prohibition application, which would have prevented Pharmascience from coming to market with its PMS-Zolpidem until the '988


Motion to Dismiss NOC Proceeding Granted Non-Infringement as an Abuse of Process
  • Borden Ladner Gervais LLP
  • Canada
  • December 14 2016

Apotex's motion to dismiss Valeant's NOC Proceeding pursuant to s. 6(5)(b) of the NOC Regulations was granted with costs. Apotex's NOA alleged