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Results: 1-10 of 142

Judicial review brought outside time period and no vested right to NOC
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2013

This decision relates to the consideration by the Minister of Health of Apotex’ submission for a Notice of Compliance (NOC) for omeprazole magnesium


Definition of “innovative drug” does not include variations
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2013

This is an appeal by Takeda of a decision of the Court, in which the Court upheld the decision of the Minister of Health to refuse to list Takeda’s


Allegations as to non-infringement of Form I held to be justified
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2014

Teva asserted both non-infringement and invalidity in its Notice of Allegation. The Court noted that invalidity of this patent had been before it


Appeal with respect to utility dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • July 18 2011

This was an appeal by Lilly of a decision of the Federal Court finding Lilly’s patent invalid for lack of utility


Decision of PMPRB declared null
  • Borden Ladner Gervais LLP
  • Canada
  • July 18 2011

Sanofi brought a judicial review proceeding in respect of a decision by the Patented Medicine Prices Review Board (Board), and specifically with respect to the portion of the decision addressing the remedy


Motion to set aside prohibition order because of impeachment action dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • July 18 2011

In 2006, the Federal Court of Appeal allowed an appeal from a decision of the Federal Court and issued an Order of prohibition (prohibition Order) preventing the Minister of Health from issuing a Notice of Compliance until expiry of the patent


Court refuses to allow majority of pleadings to foreign jurisdictions
  • Borden Ladner Gervais LLP
  • Canada
  • July 25 2011

The Court heard the dispute between the parties as to whether certain amendments to the amended Statement of Defence and Counterclaim should be allowed


Patent Appeal Board finds no double patenting and that monoclonal antibody claims are sufficient when target polypeptide is described
  • Borden Ladner Gervais LLP
  • Canada
  • July 25 2011

The application related to human receptors for the platelet factor 4 superfamily antibodies


Order of prohibition granted with respect to prodrug of known compound
  • Borden Ladner Gervais LLP
  • Canada
  • July 25 2011

The two issues raised in this prohibition proceeding related to whether the claimed compound’s utility was demonstrated or soundly predicted, and whether the claimed compound was obvious


Appeal allowing amendments to pleadings dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • June 13 2011

This was an appeal of a decision of a Prothonotary allowing Lilly to amend the Statement of Claim in a patent infringement action