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Borden Ladner Gervais LLP | Canada | 28 Apr 2016

The Federal Court of Appeal determines the incorrect date to assess obviousness-type double patenting, but leaves the determination of the correct date for another day

The Federal Court of Appeal has upheld an earlier decision (2015 FC 17) prohibiting Mylan from obtaining its Notice of Compliance until after the


Borden Ladner Gervais LLP | Canada | 23 Nov 2015

Patent is not found to be a selection patent, and thus was anticipated and obvious

The Federal Court has dismissed an application for prohibition to prevent the Minister of Health from issuing an NOC to Mylan for cinacalcet


Borden Ladner Gervais LLP | Canada | 9 Sep 2015

An example in a prior art patent inevitably anticipated the invention, even if it was not stated

In an NOC proceeding, Mylan has successfully alleged invalidity of Takeda's patent claiming the compound pantoprazole magnesium dihydrate. Mylan made


Borden Ladner Gervais LLP | Canada | 18 Mar 2015

Application for an order of prohibition dismissed for formulation patent

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was

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