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Results: 1-10 of 302

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


Supreme Court Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Supreme Court of Canada announced that judgment in this application for leave to appeal will be delivered on Thursday, January 19, 2017. The


Patent Validity and Infringement Upheld on Appeal; Limitation Period in Patent Act not Necessarily Applicable to Old Act Patents
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In this case, the FCA considered an appeal and cross-appeal of a decision relating to omeprazole. The trial decision can be found here (2015 FC 322


Dismissed Motion for Interlocutory Injunction Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

This was an appeal against Justice Manson's unreported decision in 2016 FC 606, dismissing TearLab's motion for an interlocutory injunction to prevent


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


Leave to appeal dismissed where, inter alia, "conflicting" decisions regarding the issues in play were not from Ontario
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex


Allegations as to non-infringement of Form I held to be justified
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2014

Teva asserted both non-infringement and invalidity in its Notice of Allegation. The Court noted that invalidity of this patent had been before it


Court of Appeal strikes paragraphs relating to issue estoppel and abuse of process from statement of defence
  • Borden Ladner Gervais LLP
  • Canada
  • March 21 2011

The Court of Appeal heard an appeal from the Motions Judge where the majority of impugned paragraphs in the Statement of Defence were allowed to stand


Court of Appeal upholds decision awarding Section 8 compensation where sales related to “unauthorized indications” Sanofi-Aventis Canada Inc. v. Teva Canada limited, 2014 FCA 69
  • Borden Ladner Gervais LLP
  • Canada
  • March 24 2014

Drug: ramipril This was an appeal by Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (collectively "Sanofi") from a judgment of the


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