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Results: 1-10 of 186

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


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


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


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


Intellectual property weekly abstracts bulletin
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2013

The Court granted a Prohibition Order to AstraZeneca, preventing Ranbaxy from entering the market with a generic version of ompeprazole until the


Court of Appeal upholds decision to deny amendments to statement of defence in Section 8 proceeding Sanofi-Aventis Canada Inc. v. Teva Canada Limited, 2014 FCA 65
  • Borden Ladner Gervais LLP
  • Canada
  • March 24 2014

This appeal was heard in the context of an action commenced by Teva Canada Limited (“Teva”) seeking compensation from Sanofi-Aventis Canada Inc. and


Fact-specific issues relevant to calculating section 8 damages are decided
  • Borden Ladner Gervais LLP
  • Canada
  • December 18 2013

This decision provides answers to certain issues that would allow the parties to calculate the loss under section 8 of thePM(NOC) Regulations that