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Results: 1-10 of 242

Summary Judgment Motion in S. 8 Case Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • March 15 2017

In this case, Abbott and Takeda brought a summary judgment motion as against Apotex, to dismiss the s. 8 proceeding in its entirety. As a preliminary


Judicial Review of Commissioner's Decision Refusing to Amend Priority Date Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • March 1 2017

The Federal Court dismissed Bayer's application for judicial review of the Commissioner of Patents' decision refusing Bayer's request to amend the


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


Court grants motion to reopen trial and admit new evidence
  • Borden Ladner Gervais LLP
  • Canada
  • April 27 2011

The Federal Court granted leave to reopen the trial and admit new evidence in a matter under reserve, in which no reasons or judgement have issued


Patent is not found to be a selection patent, and thus was anticipated and obvious
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2015

The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet


Non-infringing alternative is relevant to damages, but not made out on facts
  • Borden Ladner Gervais LLP
  • Canada
  • August 5 2015

Merck was successful in a patent infringement action. A separate damages reference was held where the Judge awarded lost profits and a reasonable


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


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


Cross-licensing agreements held to not trigger the requirement to send a Notice of Allegation under the PM(NOC) Regulations
  • Borden Ladner Gervais LLP
  • Canada
  • October 19 2016

The Federal Court of Appeal has overturned two decisions of the Federal Court, relating to the issuance of an NOC to a generic company who did not


NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • February 13 2013

In this case, one claim of a patent was at issue in the proceeding. The claim related to the use of pregabalin or its racemate to treat pain. The