We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 1,094

Eli Lilly’s Cialis patent withstands double patenting and utility challenges on appeal
  • Gowling WLG
  • Canada
  • April 26 2016

The Federal Court of Appeal has provided guidance on the law of obviousness-type double patenting in dismissing Mylan’s appeal pertaining to Eli


The SCC Monitor (19042016)
  • McCarthy Tétrault LLP
  • Canada
  • April 19 2016

The SCC recently granted leave to appeal from the judgment of the B.C. Court of Appeal in Douez v. Facebook (“Douez”), which likely garnered


Largest Patent Infringement Award in Canada Stands: Apotex Denied Leave to Appeal to the SCC
  • McCarthy Tétrault LLP
  • Canada
  • April 14 2016

Today, the Supreme Court of Canada denied Apotex’s final attempt at obtaining leave to appeal in the storied patent battle between Merck and Apotex


Supreme Court Leaves to Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

The Supreme Court has dismissed Pfizer's leave to appeal in Pfizer Canada Inc., et al. v. Teva Canada Limited (36772). The Supreme Court has provided


Patent held to not be infringed based on the construction of the claims
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA to Shire alleging its patent was invalid and will not be infringed by Apotex. The issues were narrowed for the hearing, where


Motion for Interim Injunction Dismissed for Failing to Establish Irreparable Harm
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

TearLab brought a motion for an interim injunction, with the hearing for an interlocutory injunction being scheduled in late April or May. TearLab is


Witness' Evidence Given Less Weight because not Blinded to Patent or Issues; NOC Proceeding Dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • April 14 2016

Apotex sent a NOA in respect of a single patent, alleging obviousness and lack of utility. The Court held that allegation was justified. In


Approvability of generic NOC satisfies imminence criteria in quia timet proceedings
  • Gowling WLG
  • Canada
  • April 7 2016

The Federal Court in Gilead Sciences Inc v Teva Canada Limited, 2016 FC 336 has clarified the law with respect to the imminence requirement of future


Patent law: 2015 year in review
  • Gowling WLG
  • Canada
  • April 6 2016

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


Court Gives Green Light For Canadian Pharmaceutical Patent Actions Where Future Infringement Is Likely Though Not Inevitable
  • McCarthy Tétrault LLP
  • Canada
  • April 1 2016

In reasons dated March 21, 2016, the Federal Court of Canada upheld a decision that allowed a patent infringement action involving tenofovir (an