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Results: 1-10 of 285

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


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


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


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


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


Dismissal of Motion to Vary Trial Decision in S. 8 case due to Later Infringement Finding Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2016

AstraZeneca has appealed a decision on its motion seeking to vary a judgment in a decision on the merits of a section 8 case. Damages were awarded to


Appeal of NOC Proceeding Dismissed as Moot, Despite Ongoing Section 8 Proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • July 27 2016

Amgen was unsuccessful in a proceeding brought pursuant to the NOC Regulations. It appealed that decision. Apotex brought the within motion to