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Results: 1-10 of 239

Decision of Re-Examination Board affirmed on standard of reasonableness
  • Borden Ladner Gervais LLP
  • Canada
  • March 11 2015

The Re-examination Board found the Claims of a patent obvious in light of prior art submitted by the person requesting re-examination. In so holding


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


Causes of action found against Pfizer for a BC class-action certification based on the VIAGRA patent
  • Borden Ladner Gervais LLP
  • Canada
  • August 14 2014

Pfizer had a Canadian patent for VIAGRA that was found to not comply with the disclosure requirement by the Supreme Court in an earlier PM(NOC


New trial ordered and injunction set aside due to a refusal to allow an amendment to the Defence and Counterclaim
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

The Federal Court of Appeal has heard three related appeals from this proceeding in the Federal Court, and in the result, has sent the matter back


Appeal decision addresses the promise doctrine
  • Borden Ladner Gervais LLP
  • Canada
  • November 3 2014

This decision relates to two appeals that were heard together and the reasons apply to both. The decision set out the parties’ positions and then


Court of Appeal upholds decision to deny amendments to statement of defence in Section 8 proceeding Sanofi-Aventis Canada Inc. v. Teva Canada Limited, 2014 FCA 65
  • Borden Ladner Gervais LLP
  • Canada
  • March 24 2014

This appeal was heard in the context of an action commenced by Teva Canada Limited (“Teva”) seeking compensation from Sanofi-Aventis Canada Inc. and


NOC proceeding dismissed on the basis of overbreadth and a lack of sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • February 13 2013

In this case, one claim of a patent was at issue in the proceeding. The claim related to the use of pregabalin or its racemate to treat pain. The


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