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Results: 1-10 of 147

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


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


Clinical studies exempted from public use in allegation of anticipation
  • Borden Ladner Gervais LLP
  • Canada
  • June 10 2014

His is an application pursuant to the Patented Medicines (Notice of Compliance) Regulations. The Court began by noting that it had issued an Order of


Final injunction permits existing patients to continue to receive infringing medicine
  • Borden Ladner Gervais LLP
  • Canada
  • June 10 2014

This decision relates to the crafting of a final injunction for the sale of STELARA following a finding of infringement. In an earlier trial decision


Appeals dismissed from quantification of s. 8 damages
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision


Appeal of the re-examination board’s decision dismissed: three claims rejected
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the


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


NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • February 13 2013

In this case, one claim of a patent was at issue in the proceeding. The claim related to the use of pregabalin or its racemate to treat pain. The


Sandoz Canada v. Abbott
  • Borden Ladner Gervais LLP
  • Canada
  • July 5 2010

This is an appeal and cross-appeal from a decision of the Federal Court in a proceeding commenced pursuant to the Patented Medicines (Notice of Compliance) Regulations


Court finds allegations in NOA to be unjustified, however dismisses application for prohibition on basis of mootness
  • Borden Ladner Gervais LLP
  • Canada
  • November 18 2010

In this proceeding under the NOC Regulations, the Court found all of Apotex’ allegations to be unjustified