We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 219

Order of prohibition overturned on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by


Claims under the statutes of monopolies and the "basket clause" struck in section 8 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • November 30 2016

This was a motion to strike portions of the Plaintiff's statement of claim or, alternatively, for particulars in the Ontario Superior Court. In the


S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld


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


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a


Intellectual property weekly abstracts bulletin
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2013

The Court granted a Prohibition Order to AstraZeneca, preventing Ranbaxy from entering the market with a generic version of ompeprazole until the


Fact-specific issues relevant to calculating section 8 damages are decided
  • Borden Ladner Gervais LLP
  • Canada
  • December 18 2013

This decision provides answers to certain issues that would allow the parties to calculate the loss under section 8 of thePM(NOC) Regulations that


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


Appeal relating to double patenting and sufficiency of tadalafil patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil