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Results: 1-10 of 169

Federal Court grants prohibition order with respect to a use patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court considered and dismissed allegations relating to double patenting, insufficiency and lack of standing. The Court granted the


FCA finds patent should be listed on the patent register for combination drug
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

In this case, the FCA overturned the Federal Court Decision dismissing Eli Lilly’s application for judicial review of a decision of the Minister of


Court of Appeal gives guidance on sound prediction issues
  • Borden Ladner Gervais LLP
  • Canada
  • July 15 2015

The Federal Court of Appeal (FCA) upheld a recent infringement decision finding a patent to be invalid due to inutility (decision here; summary here


Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2015 FC 770
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

Novartis has obtained an order prohibiting the Minister from providing an NOC to Teva for EXJADE. At the hearing, the issues were narrowed by Teva


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


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


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