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Borden Ladner Gervais LLP | Canada | 26 Oct 2016

Amendments allowing a new defence of anticipation and issue estoppel are allowed in part

The Federal Court has allowed Apotex to amend its statement of defence to include a new anticipation claim and a new defence of issue estoppel and


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


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

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