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Results: 1-10 of 180

Association not directly affected by listing on register of innovative drugs
  • Borden Ladner Gervais LLP
  • Canada
  • January 4 2012

This is an appeal from a decision of the Federal Court, upholding the decision of the Prothonotary striking the Notice of Application on the basis that the Applicant lacked standing


Disgorgement of profits allegation struck when tied to NOC regulations
  • Borden Ladner Gervais LLP
  • Canada
  • January 4 2012

This decision relates to two appeals heard together but not consolidated


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


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


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


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


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


Application for an order of prohibition is dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • April 13 2015

The Court found that Teva’s allegation of obviousness was justified. As a result, the application was dismissed