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Results: 1-10 of 193

Standard of Review of Palpable and Overriding Error Not Applied in Appeal from Rule 51 Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2016

This is an appeal from the Federal Court's (FC) decision (2015 FC 797), which upheld the Prothonotary's decision allowing the generic Respondent's


Court grants prohibition order; finds allegations of obviousness, lack of utility and insufficiency not justified
  • Borden Ladner Gervais LLP
  • Canada
  • January 20 2016

In a decision issued on November 18, 2015, the Federal Court allowed the proceeding, granting Leo Pharma a prohibition order in relation to its


Supreme Court to Issue Decision in Leave Application Re Claim for Unjust Enrichment in S. 8 Proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2016

The Supreme Court of Canada has announced that on Thursday, January 14, 2016 it will issue its decision in Apotex' application for leave to appeal


Court of Appeal states obviousness test is "more or less self-evident" and not "a fair expectation of success"
  • Borden Ladner Gervais LLP
  • Canada
  • January 6 2016

The Court of Appeal has dismissed the appeal of a dismissal of an application pursuant to thePM(NOC) Regulations that had found Mylan's allegations


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'


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


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


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


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


Other industry news of note
  • Borden Ladner Gervais LLP
  • Canada
  • April 18 2011

Amendments to the Food and Drug Regulations were published in the Canada Gazette Part II, April 13, 2011