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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


Pleadings for disgorgement of profits and for an accounting of profits in s.8 damages not struck in Ontario court
  • Borden Ladner Gervais LLP
  • Canada
  • August 1 2012

In this case, Apotex has claimed damages in Ontario Court pursuant to, inter alia, section 8 of the NOC Regulations. Lilly brought a motion to strike out parts of Apotex’ statement of claim


Standard of Review of Palpable and Overriding Error Not Applied in Appeal from Rule 51 Appeal
  • Borden Ladner Gervais LLP
  • Canada
  • January 27 2016

This is an appeal from the Federal Court's (FC) decision (2015 FC 797), which upheld the Prothonotary's decision allowing the generic Respondent's


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


Formulation patent allegations of non-infringement, obviousness and lack of utility justified
  • Borden Ladner Gervais LLP
  • Canada
  • March 2 2015

Servier sought a prohibition order against Apotex in relation to its DIAMICRON MR gliclazide product. The application was dismissed. The patent at


Teva Canada Limited v. Canada (Health)
  • Borden Ladner Gervais LLP
  • Canada
  • May 16 2011

This is a judicial review application by Teva in respect of the refusal of the Minister of Health (the Minister) to remove sanofi’s drug ELOXATIN from the Register of Innovative Drugs (the Register


NOC proceedings
  • Borden Ladner Gervais LLP
  • Canada
  • April 9 2014

Pfizer appealed the costs portion of a decision of the case-management Prothonotary striking portions of its evidence on reply (Decision here


Court of Appeal upholds decision awarding Section 8 compensation where sales related to “unauthorized indications” Sanofi-Aventis Canada Inc. v. Teva Canada limited, 2014 FCA 69
  • Borden Ladner Gervais LLP
  • Canada
  • March 24 2014

Drug: ramipril This was an appeal by Sanofi-Aventis Canada Inc. and Sanofi-Aventis Deutschland GmbH (collectively "Sanofi") from a judgment of the


Trial division upholds decision striking statement of claim
  • Borden Ladner Gervais LLP
  • Canada
  • March 28 2011

In the decision below, the Prothonotary struck the plaintiff’s statement of claim for patent infringement


Court of Appeal strikes paragraphs relating to issue estoppel and abuse of process from statement of defence
  • Borden Ladner Gervais LLP
  • Canada
  • March 21 2011

The Court of Appeal heard an appeal from the Motions Judge where the majority of impugned paragraphs in the Statement of Defence were allowed to stand