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Results: 1-10 of 191

Motion to set aside prohibition order because of impeachment action dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • July 18 2011

In 2006, the Federal Court of Appeal allowed an appeal from a decision of the Federal Court and issued an Order of prohibition (prohibition Order) preventing the Minister of Health from issuing a Notice of Compliance until expiry of the patent


Confirmation of the patentability of DNAgene sequences in the United States
  • Borden Ladner Gervais LLP
  • Canada, USA
  • December 21 2011

Canadian courts showed promising support for DNAgene patents by ruling in favour of Monsanto in its often-cited patent infringement case


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


Patent not eligible for listing: patent claiming one medicinal ingredient,but directed to a fixed-dose combination of medicines
  • Borden Ladner Gervais LLP
  • Canada
  • October 15 2014

This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed


Court of Appeal upholds decision relating to sildenafil use patent
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2014

Pfizer Ireland Pharmaceuticals v. Apotex Inc., 2014 FCA 13 Drug: VIAGRA sildenafil In Apotex' action for impeachment of the Pfizer patent


Court enforces a settlement agreement even though one party denied such an agreement existed
  • Borden Ladner Gervais LLP
  • Canada
  • April 22 2015

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a


Reply affidavits allowed when new documents introduced in responding evidence
  • Borden Ladner Gervais LLP
  • Canada
  • January 9 2014

In this case, there is a partial reversal of evidence. Apotex brought a motion for leave to file reply evidence. Allergan did not oppose parts of the


Order of prohibition overturned on appeal
  • Borden Ladner Gervais LLP
  • Canada
  • June 16 2014

The issue to be determined by the Court of Appeal related to whether the allegation of lack of utility was justified. The Court of Appeal began by


Judicial review brought outside time period and no vested right to NOC
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2013

This decision relates to the consideration by the Minister of Health of Apotex’ submission for a Notice of Compliance (NOC) for omeprazole magnesium


Definition of “innovative drug” does not include variations
  • Borden Ladner Gervais LLP
  • Canada
  • January 23 2013

This is an appeal by Takeda of a decision of the Court, in which the Court upheld the decision of the Minister of Health to refuse to list Takeda’s