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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


Order of Prohibition Granted in respect of Compound Patent but Refused in respect of Patent Relating to Salt
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

This is an application under the Patented Medicines (Notice of Compliance) Regulations related to two patents. The first patent (the '840 Patent


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


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


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


Patent Appeal Board has jurisdiction to consider new defects introduced by the applicants amendments made in response to a final action
  • Borden Ladner Gervais LLP
  • Canada
  • March 26 2012

The application relates to a dual balloon catheter


Patent claim resulted from “skilled work”, not “creative work”, and is found to be obvious
  • Borden Ladner Gervais LLP
  • Canada
  • December 3 2015

The Federal Court has dismissed an application for prohibition for obviousness. The invention was described as “to take the ‘naturally occurring'


Pleadings amendments are allowed to particularize what a party would have done in the "but for" world
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

This is an action where Apotex has claimed section 8 damages against AstraZeneca. The Court had previously ruled on a motion to determine objections


A finding of a settlement agreement is overturned because counsel did not have the authority to bind his client
  • Borden Ladner Gervais LLP
  • Canada
  • May 25 2016

The Federal Court of Appeal has overturned the earlier finding that Allergan and Apotex had settled their patent infringement litigation (2015 FC