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Results: 1-10 of 208

Order of Prohibition Granted in respect of Compound Patent but Refused in respect of Patent Relating to Salt
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

This is an application under the Patented Medicines (Notice of Compliance) Regulations related to two patents. The first patent (the '840 Patent


Prothonotary's Dismissal of a PM(NOC) application pursuant to s. 6(5)(b) upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2016

Celltrion brought a motion pursuant to s. 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulation (the NOC Regulations) to have the


Court awards damages for patent infringement in second part of a bifurcated decision
  • Borden Ladner Gervais LLP
  • Canada
  • June 30 2016

Court awards damages for patent infringement in second part of a bifurcated decision Janssen Inc. v. Teva Canada Limited, 2016 FC 593 Drug:


Pleadings amendments are allowed to particularize what a party would have done in the "but for" world
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

This is an action where Apotex has claimed section 8 damages against AstraZeneca. The Court had previously ruled on a motion to determine objections


Hearsay statements regarding the generic's ability to supply in the "but for" world should have been excluded
  • Borden Ladner Gervais LLP
  • Canada
  • June 15 2016

A Judge of the Federal Court had previously awarded Teva section 8 damages under the PM(NOC) Regulations. The Court provided the key findings of fact


A finding of a settlement agreement is overturned because counsel did not have the authority to bind his client
  • Borden Ladner Gervais LLP
  • Canada
  • May 25 2016

The Federal Court of Appeal has overturned the earlier finding that Allergan and Apotex had settled their patent infringement litigation (2015 FC


The Federal Court of Appeal determines the incorrect date to assess obviousness-type double patenting, but leaves the determination of the correct date for another day
  • Borden Ladner Gervais LLP
  • Canada
  • April 28 2016

The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the


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