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Borden Ladner Gervais LLP | Canada | 29 Mar 2017

Motion to amend protective order for purposes of new litigation refused

In this motion, Novartis sought to amend a protective order that was issued on consent in the context of an application proceeding. The amendment


Borden Ladner Gervais LLP | Canada | 21 Sep 2016

Court of Appeal upholds construction of the promise distinguishing between the compounds and use claims

The Federal Court of Appeal dismissed an appeal from a decision prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for


Borden Ladner Gervais LLP | Canada | 9 Nov 2015

FCA reinstates PMPRB jurisdiction over generic companies with permission from patentee to sell medicine as they enjoyed a benefit from the patent

In these cases, the government appealed Federal Court decisions that allowed judicial reviews of multiple PMPRB decisions. The issue on appeal was


Borden Ladner Gervais LLP | Canada | 7 Jul 2015

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2015 FC 770

Novartis has obtained an order prohibiting the Minister from providing an NOC to Teva for EXJADE. At the hearing, the issues were narrowed by Teva


Borden Ladner Gervais LLP | Canada | 2 Jun 2014

PMPRB not found to have jurisdiction over two generic companies in separate decisions

In the first of two similar decisions, the Federal Court has found that Sandoz Canada is not under the jurisdiction of the PMPRB because Sandoz does


Borden Ladner Gervais LLP | Canada | 25 Mar 2013

NOC proceedings

The Federal Court found Teva’s allegations of invalidity were not justified for Novartis’ narrow compound patent, while the allegations against


Borden Ladner Gervais LLP | Canada | 27 Feb 2013

Compound patent found valid in face of allegations of lack of utilitysound prediction and insufficiency

Apotex and Novopharm started actions to impeach Novartis’ patent covering the compound imatinib, sold under the brand name GLEEVEC. They then sent

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