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 148

S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld


Leave to appeal to SCC granted for a section 8 damages case
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this


Pleadings amendment to a damages reference not allowed found to be a collateral attack on the final judgment
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

Apotex moved to file an amended Responding Statement of Issues on a reference pursuant to Rule 153. According to the Court, Apotex wants to argue


Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Motion for particulars in action under section 8 denied as not necessary
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

Pfizer brought a motion in an action brought pursuant to section 8 of the Patented Medicines(Notice of Compliance) Regulations seeking to strike


Motion for reply evidence granted in part
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines


Finding of non-infringement upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

The Court of Appeal dismissed an appeal of a decision of the Court in a NOC proceeding finding that an allegation of non-infringement was justified


Ramipril section 8 appeal dismissed from the bench by the Supreme Court of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

On Monday, April 20, 2015, the Supreme Court of Canada heard the appeal of 2014 FCA 68, relating to the issue of damages under section 8 of the


Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a