We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 221

Leave to intervene denied on the basis of no additional insight and delay
  • Borden Ladner Gervais LLP
  • Canada
  • June 17 2015

This was a motion by Canada’s Research-Based Pharmaceutical Companies (Rx&D) for leave to intervene in the appeal of a decision relating to


Allegations of obviousness of three patents found justified
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

In a proceeding pursuant to the Patented Medicines (Notice of Compliance) Regulations, the Court was asked to consider three patents. Apotex alleged


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Court of Appeal raises issues of construction and medical treatment that should be considered by a higher court in future cases
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Both Bayer and Cobalt appealed from the Court’s judgment. Both appeals were addressed by the Court of Appeal in this decision. The Court of Appeal


Proposed amendments to the PM(NOC) Regulations
  • Borden Ladner Gervais LLP
  • Canada
  • May 4 2015

The Canadian Government has proposed amendments to the PM(NOC) Regulations ("Regulations"). These changes come in light of recent decisions of the


Respondent’s evidence in PM(NOC) case not struck - found to be responsive and did not raise new allegations or facts
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

Shire has lost its appeal regarding the dismissal of its motion to strike certain affidavit evidence submitted by the respondent Cobalt in an


Supreme Court dismisses leave application relating to utility and sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Supreme Court has dismissed Apotex’s leave to appeal a PM(NOC) decision (2014 FCA 250) that related to utility and sound prediction. The Supreme


Patent claiming one medicinal ingredient not found to have sufficient product specificity to be listed against a drug containing two medicinal ingredients
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Court of Appeal has dismissed Viiv Healthcare’s appeal of a Prothonotary’s decision (2014 FC 328; upheld by the Federal Court: 2014 FC 893


Ramipril section 8 appeal dismissed from the bench by the Supreme Court of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

On Monday, April 20, 2015, the Supreme Court of Canada heard the appeal of 2014 FCA 68, relating to the issue of damages under section 8 of the


Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a