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Borden Ladner Gervais LLP | Canada | 5 Oct 2016

NOA found to be deficient for failing to plead the facts and law relating to the manufacture and importation of the drug product

Bayer has obtained an order of prohibition against the Minister of Health from issuing a NOC to Fresenius for its proposed moxifloxacin hydrochloride


Borden Ladner Gervais LLP | Canada | 16 Mar 2016

Pleading amended to refer to prior art that may not be proven to be prior art

The Defendants sought to amend their Statement of Defence to include reference to a product referred to as prior art in support of their allegation


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 | 2 Sep 2015

Patent claiming the “rigidification” of oil sands tailings found to be an obvious modification of prior art

SNF commenced an action to impeach Ciba's process patent that claims rigidifying a material whilst retaining the fluidity of the material during


Borden Ladner Gervais LLP | Canada | 11 Aug 2015

Late pleadings amendments allowed, but with solicitor and client costs on the merits of addressing them

Bombardier brought a motion for leave to amend its Statement of Defence and Counterclaim to expand the list of prior art and include a new ground of


Borden Ladner Gervais LLP | Canada | 29 Jul 2015

Appeal dismissed; patent claims upheld as invalid due to obviousness

The Federal Court of Appeal (FCA) dismissed an appeal from a trial decision finding the claims at issue in a patent infringement case to be invalid


Borden Ladner Gervais LLP | Canada | 30 Sep 2013

Sound prediction applies to mechanical inventions

The Federal Court of Appeal (FCA) recently upheld the decision of the Trial Judge, holding that one claim of the patent at issue was valid and

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