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Results: 1-10 of 234

Application for Prohibition Granted for Generic Version of Concerta
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Court granted Janssen's application prohibiting the Minister of Health from issuing an NOC to Actavis for its generic version of Concerta. The


Patent Validity and Infringement Upheld on Appeal; Limitation Period in Patent Act not Necessarily Applicable to Old Act Patents
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

In this case, the FCA considered an appeal and cross-appeal of a decision relating to omeprazole. The trial decision can be found here (2015 FC 322


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


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


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


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 claim resulted from “skilled work”, not “creative work”, and is found to be obvious
  • Borden Ladner Gervais LLP
  • Canada
  • December 3 2015

The Federal Court has dismissed an application for prohibition for obviousness. The invention was described as “to take the ‘naturally occurring'


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'


Motion to Dismiss NOC Proceeding Granted Non-Infringement as an Abuse of Process
  • Borden Ladner Gervais LLP
  • Canada
  • December 14 2016

Apotex's motion to dismiss Valeant's NOC Proceeding pursuant to s. 6(5)(b) of the NOC Regulations was granted with costs. Apotex's NOA alleged


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