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Results: 1-10 of 1,043

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


BC Court of Appeal overturns Class Certification in Patents Case, finding Patent Regime to be Complete Code in respect of Remedies
  • Borden Ladner Gervais LLP
  • Canada
  • January 25 2016

In Low v. Pfizer Canada Inc., a unanimous division of the Court of Appeal for British Columbia restricted the ability of consumers to make claims


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


Federal Court of Appeal considers standard for “obvious to try” test
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • January 19 2016

On December 15, 2015, the Federal Court of Appeal confirmed that the correct standard for determining whether an invention is obvious under the


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


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'


Canadian patent law: 2015 year in review
  • Gowling Lafleur Henderson LLP
  • Canada
  • January 13 2016

A successful patentee in a patent infringement action is entitled to monetary compensation in relation to the acts of infringement. In this regard


Biosimilar Approvals in the US and Canada - Sidestepping the 'Patent Dance'
  • Bereskin & Parr LLP
  • Canada, USA
  • January 12 2016

A passing moment of social awkwardness between a couple on a dance floor is nothing compared to the situation when the sidestepping is between two


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


Rx IP Update: 2015 Highlights
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • January 4 2016

In November 2014, Apotex discontinued its appeal to the Supreme Court of Canada (SCC) on the eve of the hearing of its appeal regarding the validity