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Results: 1-10 of 381

Court awards $6.5 million for plaintiffs' costs following successful infringement action
  • Borden Ladner Gervais LLP
  • Canada
  • December 14 2016

The Court awarded the Plaintiffs a lump sum payment of $6.5 million for their costs in this case. The amount consisted of $2.9 million for legal fees


Motion to Dismiss NOC Proceeding Granted Non-Infringement as an Abuse of Process
  • Borden Ladner Gervais LLP
  • Canada
  • December 14 2016

Apotex's motion to dismiss Valeant's NOC Proceeding pursuant to s. 6(5)(b) of the NOC Regulations was granted with costs. Apotex's NOA alleged


FCA dismisses appeal; upholds finding that obviousness allegations are justified
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2015

The Federal Court of Appeal (FCA) issued two sets of reasons stemming from two appeals between these companies. Both appeals were from the same


Court refuses prohibition order; finds allegations of non-infringement and obviousness justified
  • Borden Ladner Gervais LLP
  • Canada
  • September 21 2015

The Federal Court dismissed the proceeding, refusing to grant Lilly a prohibition order in relation to its formulation patent. The Court held that


Appeal dismissed; patent claims upheld as invalid due to obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court of Appeal (FCA) dismissed an appeal from a trial decision finding the claims at issue in a patent infringement case to be invalid


Patent is not found to be a selection patent, and thus was anticipated and obvious
  • Borden Ladner Gervais LLP
  • Canada
  • November 23 2015

The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet


Court of Appeal gives guidance on sound prediction issues
  • Borden Ladner Gervais LLP
  • Canada
  • July 15 2015

The Federal Court of Appeal (FCA) upheld a recent infringement decision finding a patent to be invalid due to inutility (decision here; summary here


Federal Court grants prohibition order with respect to a use patent
  • Borden Ladner Gervais LLP
  • Canada
  • July 29 2015

The Federal Court considered and dismissed allegations relating to double patenting, insufficiency and lack of standing. The Court granted the


Patent claiming the “rigidification” of oil sands tailings found to be an obvious modification of prior art
  • Borden Ladner Gervais LLP
  • Canada
  • September 2 2015

SNF commenced an action to impeach Ciba's process patent that claims rigidifying a material whilst retaining the fluidity of the material during


Non-infringing alternative is relevant to damages, but not made out on facts
  • Borden Ladner Gervais LLP
  • Canada
  • August 5 2015

Merck was successful in a patent infringement action. A separate damages reference was held where the Judge awarded lost profits and a reasonable