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Results: 1-10 of 254

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


Pleadings for disgorgement of profits and for an accounting of profits in s.8 damages not struck in Ontario court
  • Borden Ladner Gervais LLP
  • Canada
  • August 1 2012

In this case, Apotex has claimed damages in Ontario Court pursuant to, inter alia, section 8 of the NOC Regulations. Lilly brought a motion to strike out parts of Apotex’ statement of claim


FCA reinstates PMPRB jurisdiction over generic companies with permission from patentee to sell medicine as they enjoyed a benefit from the patent
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2015

In these cases, the government appealed Federal Court decisions that allowed judicial reviews of multiple PMPRB decisions. The issue on appeal was


The Court grants an innovator standing and the right to be made a party in a judicial Review of the Minister’s Decision relating to the application of the data protection regime
  • Borden Ladner Gervais LLP
  • Canada
  • April 26 2014

This was a motion that raised the issue of an innovator’s standing and right to be made a party to a judicial review of the Minister of Health’s


Patent held invalid for not meeting promise of improved therapeutic profile
  • Borden Ladner Gervais LLP
  • Canada
  • July 10 2014

Apotex was successful in the previous NOC Proceeding. It came to market with an esomeprazole product. AstraZeneca sued for patent infringement and


Costs awarded on substantial indemnity basis for summary judgment motion
  • Borden Ladner Gervais LLP
  • Canada
  • May 28 2013

Abbott and Takeda had previously been successful in a motion for partial summary judgment dismissing Apotex’ claims for disgorgment of profits based


Court ordered third party discovery of supplier of API
  • Borden Ladner Gervais LLP
  • Canada
  • February 7 2011

The case concerns an action for damages pursuant to s.8 of the NOC Regulations and a counterclaim for damages for patent infringement


Leave to amend Statement of Defence denied
  • Borden Ladner Gervais LLP
  • Canada
  • April 18 2011

Shire brought a motion seeking leave to amend its Statement of Defence to add a new defence of infringement as well as a defence of failure to mitigate


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


Import Ban Quashed, and Health Canada Ordered to Retract Its Statements re Same
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2016

Apotex et al brought a judicial review of the Minister of Health's (the Minister) decision to impose an import ban on products from two of Apotex'