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Results: 1-10 of 268

Canadian Patent Appeal Board Upholds Claims to Non-exemplified Humanized Antibodies
  • Borden Ladner Gervais LLP
  • Canada
  • August 9 2016

In a rare and long-awaited piece of good news for antibody patent applications in Canada, the Patent Appeal Board ("the Board") recently allowed


Court grants motion to reopen trial and admit new evidence
  • Borden Ladner Gervais LLP
  • Canada
  • April 27 2011

The Federal Court granted leave to reopen the trial and admit new evidence in a matter under reserve, in which no reasons or judgement have issued


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


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


Appeal relating to double patenting and sufficiency of tadalafil patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • November 9 2016

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil


Pleadings for disgorgement of profits and for an accounting of profits in s.8 damages not struck in Ontario court
  • Borden Ladner Gervais LLP
  • Canada
  • August 1 2012

In this case, Apotex has claimed damages in Ontario Court pursuant to, inter alia, section 8 of the NOC Regulations. Lilly brought a motion to strike out parts of Apotex’ statement of claim


Supreme Court Updates
  • Borden Ladner Gervais LLP
  • Canada
  • October 26 2016

The Federal Court has allowed Apotex to amend its statement of defence to include a new anticipation claim and a new defence of issue estoppel and


Patent claim resulted from “skilled work”, not “creative work”, and is found to be obvious
  • Borden Ladner Gervais LLP
  • Canada
  • December 3 2015

The Federal Court has dismissed an application for prohibition for obviousness. The invention was described as “to take the ‘naturally occurring'


Import Ban Quashed, and Health Canada Ordered to Retract Its Statements re Same
  • Borden Ladner Gervais LLP
  • Canada
  • January 13 2016

Apotex et al brought a judicial review of the Minister of Health's (the Minister) decision to impose an import ban on products from two of Apotex'


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