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Results: 1-10 of 229

Leave to appeal dismissed where, inter alia, "conflicting" decisions regarding the issues in play were not from Ontario
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2016

The Ontario Court dismissed Pfizer's motion for leave to appeal from the decision dismissing its motion to strike out various claims, made by Apotex


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


Motion for reply evidence granted in part
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines


Decision to dismiss motion to strike portions of statement of defence and counterclaim upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

A Prothonotary dismissed a motion by Teva Canada Limited (Teva) to strike certain paragraphs in the statement of defence and counterclaim by the


Motion for particulars in action under section 8 denied as not necessary
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

Pfizer brought a motion in an action brought pursuant to section 8 of the Patented Medicines(Notice of Compliance) Regulations seeking to strike


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


Patent claiming one medicinal ingredient not found to have sufficient product specificity to be listed against a drug containing two medicinal ingredients
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Court of Appeal has dismissed Viiv Healthcare’s appeal of a Prothonotary’s decision (2014 FC 328; upheld by the Federal Court: 2014 FC 893


Respondent’s evidence in PM(NOC) case not struck - found to be responsive and did not raise new allegations or facts
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

Shire has lost its appeal regarding the dismissal of its motion to strike certain affidavit evidence submitted by the respondent Cobalt in an


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