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Results: 1-10 of 262

The Federal Court of Appeal determines the incorrect date to assess obviousness-type double patenting, but leaves the determination of the correct date for another day
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2016

The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the


Supreme Court Leaves to Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

The Supreme Court has dismissed Pfizer's leave to appeal in Pfizer Canada Inc., et al. v. Teva Canada Limited (36772). The Supreme Court has provided


Patent held to not be infringed based on the construction of the claims
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA to Shire alleging its patent was invalid and will not be infringed by Apotex. The issues were narrowed for the hearing, where


Motion for Interim Injunction Dismissed for Failing to Establish Irreparable Harm
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

TearLab brought a motion for an interim injunction, with the hearing for an interlocutory injunction being scheduled in late April or May. TearLab is


Witness' Evidence Given Less Weight because not Blinded to Patent or Issues; NOC Proceeding Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA in respect of a single patent, alleging obviousness and lack of utility. The Court held that allegation was justified. In


Supreme Court Leave to Appeal Granted
  • Borden Ladner Gervais LLP
  • Canada
  • March 16 2016

The Supreme Court has granted AstraZeneca leave to appeal in its application which asks the correct applicable standard for patent utility in Canada


Motion challenging the listing of a patent on the patent register filed before the 2015 amendments to the PM(NOC) Regulations is decided on the basis of the old regulations
  • Borden Ladner Gervais LLP
  • Canada
  • March 16 2016

Apotex has successfully challenged the listing of a patent on the Patent Register pursuant to Paragraph 4(2)(a) of the PM(NOC) Regulations. The


Supreme Court Upcoming Leave to Appeal Decisions
  • Borden Ladner Gervais LLP
  • Canada
  • March 9 2016

The Supreme Court will announce the result of a leave application which asks the correct applicable standard for patent utility in Canada and whether


Compound patent held to be not soundly predicted for the level of promised utility found by the Court
  • Borden Ladner Gervais LLP
  • Canada
  • February 24 2016

The Federal Court has dismissed an application for prohibition concerning the drug ALIMTA. Although the parties joined issue on a significant number


Standard of Review of Palpable and Overriding Error Not Applied in Appeal from Rule 51 Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2016

This is an appeal from the Federal Court's (FC) decision (2015 FC 797), which upheld the Prothonotary's decision allowing the generic Respondent's