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 353

Asserting the same patent but different claims in NOC litigation is found to be an abuse of process
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

Apotex has struck Gilead's Notice of Application as it relates to a patent that had previously been found to be invalid in an earlier NOC proceeding


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


Appeal from motion to compel answers arising from discovery dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

The appellants (Hospira) brought a motion to compel answers to 354 questions refused or taken under advisement at the discovery of the Respondents


Decision to dismiss motion to strike portions of statement of defence and counterclaim upheld on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • December 17 2015

A Prothonotary dismissed a motion by Teva Canada Limited (Teva) to strike certain paragraphs in the statement of defence and counterclaim by the


Supreme Court Leave Applications
  • Borden Ladner Gervais LLP
  • Canada
  • April 6 2016

The Supreme Court has indicated that on Thursday, April 7, 2016 it will issue its decision on whether Pfizer should be granted leave to appeal in a


Leave to intervene denied on the basis of no additional insight and delay
  • Borden Ladner Gervais LLP
  • Canada
  • June 17 2015

This was a motion by Canada’s Research-Based Pharmaceutical Companies (Rx&D) for leave to intervene in the appeal of a decision relating to


Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2015 FC 770
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

Novartis has obtained an order prohibiting the Minister from providing an NOC to Teva for EXJADE. At the hearing, the issues were narrowed by Teva


Astrazeneca Canada Inc. v. Apotex Inc., 2015 FC 671
  • Borden Ladner Gervais LLP
  • Canada
  • July 7 2015

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our


Claim for damages based on the Statute of Monopolies survives a motion to strike
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

The Ontario Superior Court has refused to strike a claim for damages pursuant to the Statute of Monopolies . In finding the law is not yet settled


An example in a prior art patent inevitably anticipated the invention, even if it was not stated
  • Borden Ladner Gervais LLP
  • Canada
  • September 9 2015

In an NOC proceeding, Mylan has successfully alleged invalidity of Takeda's patent claiming the compound pantoprazole magnesium dihydrate. Mylan made