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Results: 1-10 of 189

Import Ban Quashed, and Health Canada Ordered to Retract Its Statements re Same
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2016

Apotex et al brought a judicial review of the Minister of Health's (the Minister) decision to impose an import ban on products from two of Apotex'


Statements in a generic’s Product Monograph were not found to amount to an inducement to infringe
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2015

The Court has allowed a motion to strike portions of an application pursuant to Paragraph 6(5)(b) of the PM(NOC) Regulations. The generic respondent


Patent found valid and infringed even if the method of infringement was not in the minds of the inventors
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2015

AstraZeneca sued Apotex for infringement of its patent relating to the formulation of the drug omeprazole. Apotex argued invalidity and


Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2015 FC 770
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

Novartis has obtained an order prohibiting the Minister from providing an NOC to Teva for EXJADE. At the hearing, the issues were narrowed by Teva


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


Although moot, Minister of Health is found to be wrong to issue NOCs to generic companies without first requiring them to serve a notice of allegation
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2015

Actelion has persuaded the Court to quash the NOCs provided to two generic companies after they were awarded by the Minster of Health. However, the


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Supreme Court dismisses leave application relating to utility and sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Supreme Court has dismissed Apotex’s leave to appeal a PM(NOC) decision (2014 FCA 250) that related to utility and sound prediction. The Supreme


Appeal from motion to compel answers arising from discovery dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The appellants (Hospira) brought a motion to compel answers to 354 questions refused or taken under advisement at the discovery of the Respondents


Federal Court grants prohibition order with respect to a use patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court considered and dismissed allegations relating to double patenting, insufficiency and lack of standing. The Court granted the