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Results: 1-10 of 351

Allegations of Invalidity Found Justified on the Basis of Obviousness
  • Borden Ladner Gervais LLP
  • Canada
  • February 15 2017

In this case, the Federal Court dismissed an application for an order of prohibition. The patent at issue claimed pharmaceutical formulations of


Dismissed Motion to Amend Statement of Claim Upheld on Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • February 15 2017

The Court of Appeal upheld the Federal Court's decision denying leave to amend the Appellants' statement of claim in a patent infringement action. The


Factual Question on Non-Infringing Alternatives Remitted to Federal Court
  • Borden Ladner Gervais LLP
  • Canada
  • February 8 2017

Canadian Patent 1,341,196 (196 Patent), owned by ADIR, was found to be valid and infringed. This decision was affirmed by the Court of Appeal. Servier


Non-Infringing Alternative not Found Where Manual Alternative Still Used in the Industry and the Invention Creates a Significant Improvement Over the Alternative
  • Borden Ladner Gervais LLP
  • Canada
  • February 8 2017

This decision concerned the validity andor infringement of a number of claims of the '567 Patent, which discloses an apparatus and method for


Inducement to Induce Infringement Allegation Not Struck from Pleading
  • Borden Ladner Gervais LLP
  • Canada
  • February 8 2017

The Defendant, Selex, brought a motion to strike parts of the Statement of Claim. The motion was granted in part. The first category of pleadings


Application for Prohibition Granted for Generic Version of Concerta
  • Borden Ladner Gervais LLP
  • Canada
  • January 18 2017

The Court granted Janssen's application prohibiting the Minister of Health from issuing an NOC to Actavis for its generic version of Concerta. The


Motion for default judgment denied without affidavit evidence
  • Borden Ladner Gervais LLP
  • Canada
  • October 28 2013

The Plaintiffs brought a motion for default judgment after no Statement of Defence was filed and no response to the Request to Admit was provided. The


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


Claims under Section 8 of the NOC Regulations and under Ashby v. White struck in Ontario Court
  • Borden Ladner Gervais LLP
  • Canada
  • August 24 2016

In the Ontario Court, Apotex claimed damages pursuant to, inter alia , section 8 of the NOC Regulations. Pfizer brought a motion to strike out parts