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Results: 1-10 of 302

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


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


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


Claims under the statutes of monopolies and the "basket clause" struck in section 8 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court. In the


Complex proceedings may justify an award at the high end of Column IV, but not a further increase
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

Hospira brought a motion seeking directions concerning the assessment of its costs in the underlying proceeding. The Court agreed with the parties


Leave to appeal dismissed where, inter alia, "conflicting" decisions regarding the issues in play were not from Ontario
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex


An unsuccessful defendant is not entitled to elect an accounting of profits to shield itself from an award of damages
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

On September 7, 2016, the Court held that Bayer's patent was valid and infringed (2016 FC 1013; our summary here). The parties were given an