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Article

Borden Ladner Gervais LLP | Canada | 31 May 2017

Appeal of a finding of non-infringement of a U.S. Patent dismissed

The Ontario Court of Appeal dismissed an appeal of the Trial Judge's decision finding that the Respondent had not infringed the Appellant's patent in

Article

Borden Ladner Gervais LLP | Canada | 12 Apr 2017

ONCA upholds Summary Judgment Concerning Dispute over Website Domain Names

The Ontario Court of Appeal (ONCA) dismissed the Appellant's appeal from a summary judgment dismissing its action and from an order dismissing the

Article

Borden Ladner Gervais LLP | Canada | 19 Oct 2016

Proposed appeal fails to raise broader issues about the intersection of copyright and insolvency law

The Ontario Court of Appeal upheld a decision granting partial summary judgment to Nortel and dismissing SNMP Research's claim for disgorgement of

Article

Borden Ladner Gervais LLP | Canada | 20 Jan 2016

Unjust enrichment claim in a section 8 proceeding remains struck

The Supreme Court dismissed Apotex's leave to appeal from the Ontario Court of Appeal (2015 ONCA 305; aff'g 2013 ONSC 5937) in Apotex Inc. v. Eli

Article

Borden Ladner Gervais LLP | Canada | 18 May 2015

Ontario Court of Appeal conclusively dismisses generic’s unjust enrichment arguments in section 8 case

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

Article

Borden Ladner Gervais LLP | Canada | 18 Sep 2013

Claim to disgorgement of profits denied by Ontario Court of Appeal

Apotex appealed in the Ontario Court of Appeal from a partial summary judgment that dismissed its unjust enrichment claim for the disgorgement of the

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