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Results: 1-10 of 141

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


Court of Appeal upholds decision relating to sildenafil use patent
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2014

Pfizer Ireland Pharmaceuticals v. Apotex Inc., 2014 FCA 13 Drug: VIAGRA sildenafil In Apotex' action for impeachment of the Pfizer patent


Antibody patent found valid and infringed
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2014

The Court recently decided a patent infringement case dealing with antibodies. The claims at issue in AbbVie’s patent relate to the use of a human


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


Generic association does not have standing to challenge listing on register of innovative drugs
  • Borden Ladner Gervais LLP
  • Canada
  • December 21 2010

The Canadian Generic Pharmaceutical Associate (CGPA) brought a judicial review application in respect of the listing of Avamys on the Register of Innovative Drugs (Register


Costs awarded seven years after discontinuance
  • Borden Ladner Gervais LLP
  • Canada
  • December 21 2010

This decision relates to a motion brought by Bayer for an order for costs of an application brought pursuant to the Patented Medicines (Notice of Compliance) Regulations


Motion to strike judicial review application dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • January 5 2011

Apotex brought a judicial review application in respect of decisions made by the Minister of Health (the Minister) related to the review and approval of a submission relating to Apo-Omeprazole tablets


Motion for leave to have more than five expert witnesses dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • January 5 2011

In a proceeding in which an impeachment action and an infringement action were consolidated, Apotex served eight expert reports


No damages pursuant to Section 8 of 1993 regulations awarded
  • Borden Ladner Gervais LLP
  • Canada
  • January 11 2011

The first issue to be considered by the Court was whether the 1993 version or the 1998 version of the Regulations applies