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Borden Ladner Gervais LLP | USA, Canada | 28 Aug 2017

Intellectual Property Weekly Abstracts Bulletin Week of August 28, 2017

In this infringement action, the Court held that the Plaintiffs’ trademarks registrations are valid and infringed by the corporate Defendant. The


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


Borden Ladner Gervais LLP | Canada | 19 Apr 2017

Court of Appeal Grants Appeal as it Relates to Duty to Mitigate

In this decision, the Court of Appeal was considering an appeal by Apotex of various findings of the Court relating to its action seeking damages from


Borden Ladner Gervais LLP | Canada | 6 Apr 2017

Court dismisses JR of Minister's decision requiring additional information for approval of certain products manufactured or tested at two of Apotex's manufacturing facilities

The Court dismissed Apotex's application for judicial review, finding that Therapeutic Products Directorate of Health Canada's ("TPD") decision


Borden Ladner Gervais LLP | Canada | 22 Feb 2017

Court Dismisses Appeal of Decision Refusing the Trademark EDWARDS & Design

The Court dismissed Schwan's appeal of the Trademarks Opposition Board's decision, which refused its application for the trademark Edwards & Design


Borden Ladner Gervais LLP | Canada | 22 Feb 2017

Decision of Minister of Health Rejecting ANDS Upheld

Apotex sought judicial review of a decision of the Minister of Health that had the effect of rejecting its Abbreviated New Drug Submission (ANDS) for


Borden Ladner Gervais LLP | Canada | 18 Jan 2017

Industry Updates - Intellectual Property Weekly Abstracts - Week of January 16, 2017

In January 2017, sections 17.07 and 17.08 in chapter 17 of the Manual of Patent Office Practice (MOPOP) were revised to reflect antibody practice. A


Borden Ladner Gervais LLP | Canada | 30 Nov 2016

Appeal granted where, inter alia, findings were contentious matters unsuited to resolution under the summary process of section 45

The Federal Court granted an appeal of a decision of the Trademarks Opposition Board (TMOB). In the decision below, the TMOB was satisfied that the


Borden Ladner Gervais LLP | Canada | 12 Oct 2016

IP Licence Provided Contractual Right, Not a Property Right in the Asset

The Applicant, the court appointed receiver, sought an order approving the sale of the Debtor's assets, and vesting the Debtor's assets free and clear


Borden Ladner Gervais LLP | Canada | 7 Jul 2016

Prothonotary's Dismissal of a PM(NOC) application pursuant to s. 6(5)(b) upheld on appeal

Celltrion brought a motion pursuant to s. 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulation (the NOC Regulations) to have the

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