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Results: 1-10 of 247

Pleadings amendment re s. 53 allowed trial judge to determine materiality of inventors names
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

Idenix brought a motion to amend its pleadings. The Prothonotary granted leave to make certain amendments, however denied leave to make certain


Court grants order adding inventor
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

The Applicant, Dr. Falk Pharma GMBH sought an order pursuant to s. 52 of the Patent Act to vary inventorship on a patent. The Application was


Leave to appeal to SCC granted for a section 8 damages case
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this


Federal Court overturns Prothonotary’s order striking paragraphs from Defence
  • Borden Ladner Gervais LLP
  • Canada
  • October 7 2014

This was a motion appealing the order of a prothonotary in the context of a patent infringement case. In the order appealed from, the Prothonotary


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


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


Clinical studies exempted from public use in allegation of anticipation
  • Borden Ladner Gervais LLP
  • Canada
  • June 10 2014

His is an application pursuant to the Patented Medicines (Notice of Compliance) Regulations. The Court began by noting that it had issued an Order of


Final injunction permits existing patients to continue to receive infringing medicine
  • Borden Ladner Gervais LLP
  • Canada
  • June 10 2014

This decision relates to the crafting of a final injunction for the sale of STELARA following a finding of infringement. In an earlier trial decision


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