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Results: 1-10 of 1,255

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


Federal Court of Appeal grants minister of health the right to be wrong
  • Gowling WLG
  • Canada
  • November 30 2016

In an October 12 2016 decision (Teva Canada Limited v Pfizer Canada Inc, 2016 FCA 248) the Federal Court of Appeal upheld two decisions of the


Federal Court opines on precedential value of prior PM(NOC) proceedings and scope of experimental use exception to public disclosure
  • Stikeman Elliott LLP
  • Canada
  • November 24 2016

The Federal Court’s decision inthe consolidated proceedings of Bayer Inc. v Cobalt Pharmaceuticals Company offers useful guidance as to 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


Supreme Court of Canada hears important appeal regarding the “promise doctrine"
  • Marks & Clerk
  • Canada
  • November 23 2016

The Supreme Court of Canada heard oral arguments on November 8, 2016 in an important appeal challenging the “promise of the patent” utility doctrine


Date for Double-Patenting Analysis Remains An “Open Question”: Federal Court of Appeal
  • McCarthy Tétrault LLP
  • Canada
  • November 17 2016

In the latest installment of the CIALIS (tadalafil) PM(NOC) saga, Apotex Inc. asked the Federal Court of Appeal to depart from a recent judgment by a


Pharmaceutical patent rights get a boost in Canada under CETA-driven legislation
  • Marks & Clerk
  • Canada
  • November 14 2016

After years of negotiations, the Comprehensive Economic and Trade Agreement (CETA) between Canada and Europe was finally approved by all 28 European


Supreme Court of Canada hears important appeal regarding the “promise doctrine"
  • Marks & Clerk
  • Canada
  • November 9 2016

The Supreme Court of Canada heard oral arguments on November 8, 2016 in an important appeal challenging the "promise of the patent" utility doctrine


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