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Article

Borden Ladner Gervais LLP | Canada | 24 Aug 2016

Claims under Section 8 of the NOC Regulations and under Ashby v. White struck in Ontario Court

In the Ontario Court, Apotex claimed damages pursuant to, inter alia , section 8 of the NOC Regulations. Pfizer brought a motion to strike out parts

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 | 17 Dec 2015

Class action certification against Pfizer for an allegation of unlawful abuse of the patent system is overturned

The British Columbia Court of Appeal has overturned the certification of a class action relating to the drug Viagra, dismissing the action. The

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 | 6 Mar 2013

Leave to appeal to the Court of Appeal Re: motion to strike pleadings granted in respect of claims to unjust enrichment, denied in respect of claims under the Trade-Marks Act

In this case, Apotex has sued Eli Lilly for damages pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations. Eli Lilly brought a

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