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Results: 1-10 of 362

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


Claim to disgorgement of profits denied by Ontario Court of Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • September 18 2013

Apotex appealed in the Ontario Court of Appeal from a partial summary judgment that dismissed its unjust enrichment claim for the disgorgement of the


Section 8 damages claim allowed; infringement not proven
  • Borden Ladner Gervais LLP
  • Canada
  • September 18 2013

Apotex claimed damages from Pfizer pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). The hearing


Intellectual property weekly abstracts bulletin
  • Borden Ladner Gervais LLP
  • Canada
  • May 27 2013

In this case, Apotex claimed damages pursuant to s. 8 of the NOC Regulations, and Pfizer alleged that Apotex should not be entitled to damages, due


The Court grants an innovator standing and the right to be made a party in a judicial Review of the Minister’s Decision relating to the application of the data protection regime
  • Borden Ladner Gervais LLP
  • Canada
  • April 26 2014

This was a motion that raised the issue of an innovator’s standing and right to be made a party to a judicial review of the Minister of Health’s


Misstatements and inequitable conduct in Canada after Weatherford
  • Borden Ladner Gervais LLP
  • Canada
  • December 21 2011

In Canada, there are two main provisions in the Patent Act which relate to the conduct of a party when obtaining a patent


Amazon.com and diagnostic methods
  • Borden Ladner Gervais LLP
  • Canada
  • December 21 2011

The Commissioner’s decision in Amazon.com gave rise to a new form of non-statutory subject matter objection being raised against diagnostic method claims under Section 2 of the Patent Act, which defines “invention.”


ss. 53(2) of the Patent Act is a shield, not a sword
  • Borden Ladner Gervais LLP
  • Canada
  • October 21 2013

Hoffmann-La Roche was denied the opportunity to correct a single word error in a patent’s disclosure pursuant to ss.53(2) of the Patent Act. The


PMPRB not found to have jurisdiction over two generic companies in separate decisions
  • Borden Ladner Gervais LLP
  • Canada
  • June 2 2014

In the first of two similar decisions, the Federal Court has found that Sandoz Canada is not under the jurisdiction of the PMPRB because Sandoz does


Court determines beneficial ownership of several patents as part of action for wrongful conduct
  • Borden Ladner Gervais LLP
  • Canada
  • October 15 2014

This was an action by the Plaintiff for relief arising from the allegedly wrongful conduct of the Defendant Li. The Plaintiff claimed that Li