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 206

Application for an order of prohibition dismissed for formulation patent
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was


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


Appeal in NOC Proceeding dismissed as moot
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of


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


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


Appeal upholds dismissal of request to amend pleadings due to proximity to trial
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

This case concerns an appeal of a motion to amend pleadings in the s. 8 case described above. The motion had originally been brought three months


Supreme Court denies Apotex leave to appeal; prohibition order stands
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2014

The Supreme Court of Canada (SCC) denied Apotex leave to Appeal the decision of the Federal Court of Appeal (FCA) in a s. 8 case (decision here


Oder of prohibition issues no promise to treatment in humans or reduced side effects was found
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2014

Pfizer’s Canadian Patent No. 2,177,576 for Celebrex has withstood Apotex’s allegations and was found to be valid; therefore the Minister is


Hypothetical world when multiple s. 8 damages cases held not to reflect size of actual generic market
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

In May, 2012, the Federal Court quantified damages owed to Apotex pursuant to s. 8 of the NOC Regulations (decision here, summary here). Similarly


Appeal relating to double patenting and sufficiency of tadalafil patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil