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Intellectual Property Weekly Abstracts Bulletin Week Of July 31, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • August 2 2017

This is an appeal of the Federal Court’s decision allowing Gilead’s claim to invalidate Idenix’s ‘191 Patent on the grounds of insufficient disclosure


Intellectual Property Weekly Abstracts Bulletin Week of July 17, 2017
  • Borden Ladner Gervais LLP
  • Canada
  • July 19 2017

In this case, AbbVie brought an application against Samsung pursuant to the NOC Regulations. The parties agreed that a protective order was needed


Federal Court Reissues its Original Decision to Award Section 8 Damages After the Federal Court of Appeal Held the Original Decision Relied on Inadmissible Hearsay Evidence
  • Borden Ladner Gervais LLP
  • Canada
  • June 7 2017

The Federal Court has reaffirmed and reissued its original decision awarding section 8 damages to Teva following a redetermination that was ordered by


Motion to Amend Dismissed in Respect of the Contested Amendments
  • Borden Ladner Gervais LLP
  • Canada
  • June 7 2017

The Court dismissed the Plaintiffs by Counterclaim's motion to amend their statement of defence and counterclaim in respect of the contested


Appeal of a finding of non-infringement of a U.S. Patent dismissed
  • Borden Ladner Gervais LLP
  • Canada
  • May 31 2017

The Ontario Court of Appeal dismissed an appeal of the Trial Judge's decision finding that the Respondent had not infringed the Appellant's patent in


Apotex's claims against current and former Ministers and civil servants working at the Ministry of Health is not struck for a lack of jurisdiction
  • Borden Ladner Gervais LLP
  • Canada
  • May 31 2017

The Federal Court has refused to strike a claim brought by Apotex against current and former ministers and civil servants working at the Ministry of


Court dismisses motion for Confidentiality Order
  • Borden Ladner Gervais LLP
  • Canada
  • May 18 2017

The Court dismissed Teva's motion for a confidentiality order. The underlying proceeding is an action by Teva to recover from Janssen and others


Findings Made in Section 8 Case to Allow Determination of Quantum of Damages
  • Borden Ladner Gervais LLP
  • Canada
  • May 10 2017

In this case, Teva is seeking compensation pursuant to s. 8 of the NOC Regulations for having been prevented from coming to market with its generic


Court of Appeal Dismisses Appeal for Different Reasons and Provides Review of the Obvious to Try Test
  • Borden Ladner Gervais LLP
  • Canada
  • April 19 2017

The Court of Appeal dismissed Bristol-Myers Squibb's appeal from the Trial Judge's decision refusing its application for a writ of prohibition on the


Court of Appeal Grants Appeal as it Relates to Duty to Mitigate
  • Borden Ladner Gervais LLP
  • Canada
  • April 19 2017

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