We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 235

Appeals dismissed from quantification of s. 8 damages
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision


Appeal of the re-examination board’s decision dismissed: three claims rejected
  • Borden Ladner Gervais LLP
  • Canada
  • April 4 2014

This was an appeal of a decision of a Re-Examination Board cancelling three claims of Newco Tank Corp.’s (“Newco”) Canadian Patent No. 2,421,384 (the


Appeal in NOC Proceeding dismissed as moot
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2015

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of


Motion for reply evidence granted in part
  • Borden Ladner Gervais LLP
  • Canada
  • April 1 2015

This is an appeal from the decision of a Prothonotary, denying leave to file reply evidence in a proceeding pursuant to the Patented Medicines


S. 8 case not struck, despite prohibition order having issued in underlying s. 6 proceeding
  • Borden Ladner Gervais LLP
  • Canada
  • December 4 2014

In this case, the Prothonotary refused to strike a Statement of Claim brought pursuant to s. 8 of the NOC Regulations, and this decision was upheld


Application for an order of prohibition dismissed for formulation patent
  • Borden Ladner Gervais LLP
  • Canada
  • March 18 2015

The Court found that Mylan’s allegations of non-infringement and obviousness were justified. As a result, the application for prohibition was


Court dismisses NOC proceeding for mootness when NOA withdrawn
  • Borden Ladner Gervais LLP
  • Canada
  • January 30 2013

Lilly brought an application for prohibition pursuant to the Patented Medicines (Notice of Compliance) Regulations. Subsequently, Teva established to


Supreme Court denies Apotex leave to appeal; prohibition order stands
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2014

The Supreme Court of Canada (SCC) denied Apotex leave to Appeal the decision of the Federal Court of Appeal (FCA) in a s. 8 case (decision here


Oder of prohibition issues no promise to treatment in humans or reduced side effects was found
  • Borden Ladner Gervais LLP
  • Canada
  • April 30 2014

Pfizer’s Canadian Patent No. 2,177,576 for Celebrex has withstood Apotex’s allegations and was found to be valid; therefore the Minister is


Order of prohibition granted in respect of one of two asserted patents
  • Borden Ladner Gervais LLP
  • Canada
  • October 28 2013

Two patents were under consideration by the Court in this application brought pursuant to the Patented Medicines (Notice of Compliance) Regulations