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Article

Borden Ladner Gervais LLP | Canada | 5 Jul 2017

Intellectual Property Weekly Abstracts Bulletin Week of July 3, 2017

Supreme Court of Canada invalidates the promise doctrine AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36 Drug: esomeprazole In this decision, the

Article

Borden Ladner Gervais LLP | Canada | 7 Jun 2017

Federal Court Reissues its Original Decision to Award Section 8 Damages After the Federal Court of Appeal Held the Original Decision Relied on Inadmissible Hearsay Evidence

The Federal Court has reaffirmed and reissued its original decision awarding section 8 damages to Teva following a redetermination that was ordered by

Article

Borden Ladner Gervais LLP | Canada | 24 May 2017

Order of Mandamus requiring Health Canada to issue a Product Licence Application is overturned on appeal

The Federal Court of Appeal has overturned an earlier decision of the Federal Court (see 2016 FC 381, our summary here) relating to the non-issuance

Article

Borden Ladner Gervais LLP | Canada | 3 May 2017

Appeal of TMOB's decision amending the statement of registered goods allowed

The Federal Court allowed Lucite's appeal of the Trademarks Opposition Board's (TMOB's) decision amending the registration of its mark to restrict the

Article

Borden Ladner Gervais LLP | Canada | 29 Mar 2017

Expert reports excluded for failing to meet standard four part test from Mohan

This recently reported motion considered the admissibility of expert reports, within the greater context of the Plaintiffs' argument that the

Article

Borden Ladner Gervais LLP | Canada | 22 Mar 2017

Appeal of Court's Finding of Confusing Between the Marks Allowed; Matter Referred Back for Redetermination

The Federal Court of Appeal ("FCA") granted an appeal of the Federal Court's ("FC") judgment, which had set aside the decision of the Trademarks

Article

Borden Ladner Gervais LLP | Canada | 22 Mar 2017

Prohibition Order Upheld, Appeal re Sound Prediction and Sufficiency Dismissed

Teva appealed a decision of the Federal Court ("FC") granting Leo a prohibition order in respect of their psoriasis drug (Decision here; our summary

Article

Borden Ladner Gervais LLP | Canada | 8 Mar 2017

Only one 30 page memorandum allowed on a consolidated appeal

The Federal Court of Appeal has held that a party may only file a single 30 page memorandum of fact and law in an appeal after consolidating two

Article

Borden Ladner Gervais LLP | Canada | 1 Mar 2017

Decision to not Remove Solicitors as Counsel for the Defendants Upheld on Appeal

The Federal Court of Appeal upheld a decision of the Federal Court dismissing an appeal from the Prothonotary's order wherein he refused to remove

Article

Borden Ladner Gervais LLP | Canada | 22 Feb 2017

Dismissed Motion for Interlocutory Injunction

The Federal Court has published its Order and Reasons in 2016 FC 606, dismissing TearLab's motion for an interlocutory injunction to prevent the sale

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