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Results: 1-10 of 228

Claims under the statutes of monopolies and the "basket clause" struck in section 8 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court. In the


Complex proceedings may justify an award at the high end of Column IV, but not a further increase
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

Hospira brought a motion seeking directions concerning the assessment of its costs in the underlying proceeding. The Court agreed with the parties


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


Appeal relating to double patenting and sufficiency of tadalafil patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil


An unsuccessful defendant is not entitled to elect an accounting of profits to shield itself from an award of damages
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

On September 7, 2016, the Court held that Bayer's patent was valid and infringed (2016 FC 1013; our summary here). The parties were given an


Supreme Court Updates
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court has allowed Apotex to amend its statement of defence to include a new anticipation claim and a new defence of issue estoppel and


Patent anticipated by hearsay documents that met the test of necessity due to failure to comply with Federal Courts Rules
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court dismissed Gilead's application for prohibition in respect to the combination drug TUVADA covered in the '475 Patent. This


Cross-licensing agreements held to not trigger the requirement to send a Notice of Allegation under the PM(NOC) Regulations
  • Borden Ladner Gervais LLP
  • Canada
  • October 19 2016

The Federal Court of Appeal has overturned two decisions of the Federal Court, relating to the issuance of an NOC to a generic company who did not


Expert "Blinding" is a Question of Relevance, Reliability and Weight, but not Admissibility
  • Borden Ladner Gervais LLP
  • Canada
  • October 12 2016

On August 23, 2016, the Federal Court released its public judgment granting the Order of prohibition for Gilead's ‘619 Patent. The ‘619 Patent


NOA found to be deficient for failing to plead the facts and law relating to the manufacture and importation of the drug product
  • Borden Ladner Gervais LLP
  • Canada
  • October 5 2016

Bayer has obtained an order of prohibition against the Minister of Health from issuing a NOC to Fresenius for its proposed moxifloxacin hydrochloride