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Results: 1-10 of 1,415

Motion to Amend Dismissed in Respect of the Contested Amendments
  • Borden Ladner Gervais LLP
  • Canada
  • June 7 2017

The Court dismissed the Plaintiffs by Counterclaim's motion to amend their statement of defence and counterclaim in respect of the contested


Federal Court Reissues its Original Decision to Award Section 8 Damages After the Federal Court of Appeal Held the Original Decision Relied on Inadmissible Hearsay Evidence
  • Borden Ladner Gervais LLP
  • Canada
  • June 7 2017

The Federal Court has reaffirmed and reissued its original decision awarding section 8 damages to Teva following a redetermination that was ordered by


Allergan fails to demonstrate to FC that Apotex’s allegations of invalidity are not justified
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • June 6 2017

Not adequately distinguishing between mere goals and promises of utility in the claims of a patent could spell out disaster for patentees. In this


Appeal of a finding of non-infringement of a U.S. Patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • May 31 2017

The Ontario Court of Appeal dismissed an appeal of the Trial Judge's decision finding that the Respondent had not infringed the Appellant's patent in


Apotex's claims against current and former Ministers and civil servants working at the Ministry of Health is not struck for a lack of jurisdiction
  • Borden Ladner Gervais LLP
  • Canada
  • May 31 2017

The Federal Court has refused to strike a claim brought by Apotex against current and former ministers and civil servants working at the Ministry of


Court dismisses motion for Confidentiality Order
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2017

The Court dismissed Teva's motion for a confidentiality order. The underlying proceeding is an action by Teva to recover from Janssen and others


That's a wrap: Springboard profits, full cost accounting, and more from the Federal Court in Dow v. Nova
  • Gowling WLG
  • Canada
  • May 11 2017

In a recent decision (Dow Chemical Co. v. Nova Chemicals Corp, 2017 FC 350) the Federal Court has addressed an assortment of issues that can arise


What the Supreme Court of Canada was not told about patent utility
  • Gowling WLG
  • Canada
  • May 11 2017

On November 8, 2016 the Supreme Court of Canada (“SCC”) heard an appeal by Astrazeneca regarding the validity of a patent covering its NEXIUM product


Findings Made in Section 8 Case to Allow Determination of Quantum of Damages
  • Borden Ladner Gervais LLP
  • Canada
  • May 10 2017

In this case, Teva is seeking compensation pursuant to s. 8 of the NOC Regulations for having been prevented from coming to market with its generic


Canadian Court of Appeal has Something to Say on Obviousness: Critical of Rigid Tests and Using a Solution-Based Identification of the Inventive Concept that Excludes Serendipitous Discoveries Means Atazanavir Salt Obvious
  • Aird & Berlis LLP | Aird & McBurney LP
  • Canada
  • May 8 2017

The Federal Court of Appeal ("FCA") recently affirmed a Federal Court ("FC") finding that an antiviral salt was obvious, although based on different