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Results: 1-10 of 221

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


Reply affidavits allowed when new documents introduced in responding evidence
  • Borden Ladner Gervais LLP
  • Canada
  • January 9 2014

In this case, there is a partial reversal of evidence. Apotex brought a motion for leave to file reply evidence. Allergan did not oppose parts of the


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


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a


Patent not eligible for listing: patent claiming one medicinal ingredient,but directed to a fixed-dose combination of medicines
  • Borden Ladner Gervais LLP
  • Canada
  • October 15 2014

This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed


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


Oder of prohibition issues no promise to treatment in humans or reduced side effects was found
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2014

Pfizer’s Canadian Patent No. 2,177,576 for Celebrex has withstood Apotex’s allegations and was found to be valid; therefore the Minister is


Principles of comity should not override fairness
  • Borden Ladner Gervais LLP
  • Canada
  • February 26 2014

Cobalt brought a motion pursuant to s. 6(5) of the NOC Regulations, to dismiss the proceeding as an abuse of process. The Court dismissed the motion


Court grants judicial review of minister of health’s decision
  • Borden Ladner Gervais LLP
  • Canada
  • January 16 2014

Apotex brought this application for judicial review of a decision of the Therapeutic Products Directorate (TPD) refusing to review Apotex’


Patent refused listing on the Patent Register
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2012

The Federal Court dismissed a judicial review of a decision of the Minister of Health refusing to list a patent on the Patent Register