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Court of Appeal raises issues of construction and medical treatment that should be considered by a higher court in future cases
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Both Bayer and Cobalt appealed from the Court’s judgment. Both appeals were addressed by the Court of Appeal in this decision. The Court of Appeal


Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2015

Apotex has brought a case against Lilly pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations (the NOC Regulations). As part


Motion for reply evidence granted in part
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines


Ramipril section 8 appeal dismissed from the bench by the Supreme Court of Canada
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

On Monday, April 20, 2015, the Supreme Court of Canada heard the appeal of 2014 FCA 68, relating to the issue of damages under section 8 of the


Formulation patent found not to be infringed as a redacted excipient was not a “pentahydric or hexahydric alcohol”
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing Rasagiline” will not be infringed by Apotex’s use of a


Proposed amendments to the PM(NOC) Regulations
  • Borden Ladner Gervais LLP
  • Canada
  • May 4 2015

The Canadian Government has proposed amendments to the PM(NOC) Regulations ("Regulations"). These changes come in light of recent decisions of the


Patent claiming one medicinal ingredient not found to have sufficient product specificity to be listed against a drug containing two medicinal ingredients
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Court of Appeal has dismissed Viiv Healthcare’s appeal of a Prothonotary’s decision (2014 FC 328; upheld by the Federal Court: 2014 FC 893


Intellectual property weekly abstract bulletin
  • Borden Ladner Gervais LLP
  • Canada
  • October 2 2013

The Federal Court of Appeal (FCA) recently upheld the decision of the Trial Judge, holding that one claim of the patent at issue was valid and


Respondent’s evidence in PM(NOC) case not struck - found to be responsive and did not raise new allegations or facts
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

Shire has lost its appeal regarding the dismissal of its motion to strike certain affidavit evidence submitted by the respondent Cobalt in an


Supreme Court dismisses leave application relating to utility and sound prediction
  • Borden Ladner Gervais LLP
  • Canada
  • April 29 2015

The Supreme Court has dismissed Apotex’s leave to appeal a PM(NOC) decision (2014 FCA 250) that related to utility and sound prediction. The Supreme