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Results: 1-10 of 201

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


Asserting the same patent but different claims in NOC litigation is found to be an abuse of process
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

Apotex has struck Gilead's Notice of Application as it relates to a patent that had previously been found to be invalid in an earlier NOC proceeding


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


Gilead has successfully obtained a declaration of invalidity of a patent that it reasonably expected would be asserted against it
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2015

The Federal Court has allowed Gilead’s claim to invalidate Idenix's '191 patent on the grounds of insufficient disclosure and lack of demonstrated


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


Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Appeal is neither stayed nor expedited
  • Borden Ladner Gervais LLP
  • Canada
  • November 28 2011

The Court of Appeal was considering two motions, one motion by Mylan seeking to expedite the appeal, and one motion by AstraZeneca seeking to stay the appeal until the decision of the Supreme Court of Canada (SCC) in Teva Canada Limited v. Pfizer Canada Inc