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Results: 1-10 of 170

Non-infringing alternative is relevant to damages, but not made out on facts
  • Borden Ladner Gervais LLP
  • Canada
  • August 5 2015

Merck was successful in a patent infringement action. A separate damages reference was held where the Judge awarded lost profits and a reasonable


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


FCA finds patent should be listed on the patent register for combination drug
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

In this case, the FCA overturned the Federal Court Decision dismissing Eli Lilly’s application for judicial review of a decision of the Minister of


Federal Court grants prohibition order with respect to a use patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court considered and dismissed allegations relating to double patenting, insufficiency and lack of standing. The Court granted the


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


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


Purdue Pharma v. Canada (Minister of Health)
  • Borden Ladner Gervais LLP
  • Canada
  • July 26 2010

The Court dismissed an application for judicial review of the Minister of Health's decision refusing to list a patent on the Patent Register


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


Ramipril section 8 appeal dismissed from the bench by the Supreme Court of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

On Monday, April 20, 2015, the Supreme Court of Canada heard the appeal of 2014 FCA 68, relating to the issue of damages under section 8 of the