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Article

Borden Ladner Gervais LLP | Canada | 26 Oct 2016

Patent anticipated by hearsay documents that met the test of necessity due to failure to comply with Federal Courts Rules

The Federal Court dismissed Gilead's application for prohibition in respect to the combination drug TUVADA covered in the '475 Patent. This

Article

Borden Ladner Gervais LLP | Canada | 12 Oct 2016

Expert "Blinding" is a Question of Relevance, Reliability and Weight, but not Admissibility

On August 23, 2016, the Federal Court released its public judgment granting the Order of prohibition for Gilead's ‘619 Patent. The ‘619 Patent

Article

Borden Ladner Gervais LLP | Canada | 15 Jun 2016

Court disallows pleading amendments that are found to have no reasonable prospect of success

Teva has lost both of its appeals seeking to amend its pleading to add in a claim that the patent at issue had been fraudulently obtained by

Article

Borden Ladner Gervais LLP | Canada | 20 Apr 2016

Quia timet claim not struck from patent infringement suit

We previously reported on the appeal of a refusal to strike out a statement of claim, which was dismissed, during the week of April 4, 2016. In the

Article

Borden Ladner Gervais LLP | Canada | 6 Apr 2016

Appeal of a decision to not strike out Statement of Claim in its entirety dismissed

The Court dismissed Teva Canada Limited's appeal from the Prothonotary's Order declining to strike out Gilead's Statement of Claim in its entirety

Article

Borden Ladner Gervais LLP | Canada | 9 Sep 2015

Asserting the same patent but different claims in NOC litigation is found to be an abuse of process

Apotex has struck Gilead's Notice of Application as it relates to a patent that had previously been found to be invalid in an earlier NOC proceeding

Article

Borden Ladner Gervais LLP | Canada | 9 Feb 2015

Finding of non-infringement upheld on appeal

The Court of Appeal dismissed an appeal of a decision of the Court in a NOC proceeding finding that an allegation of non-infringement was justified

Article

Borden Ladner Gervais LLP | Canada | 4 Dec 2014

Pleadings amendment re s. 53 allowed trial judge to determine materiality of inventors names

Idenix brought a motion to amend its pleadings. The Prothonotary granted leave to make certain amendments, however denied leave to make certain

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