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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


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


Bifurcation of Infringement and Validity Issues in Section 8 Action
  • Borden Ladner Gervais LLP
  • Canada
  • August 10 2016

This is a motion for bifurcation in an action brought pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations


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


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


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Patent is not found to be a selection patent, and thus was anticipated and obvious
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2015

The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet