Searching Content indexed under Trials & Appeals & Compensation by Gowling WLG ordered by Published Date Descending.
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Supreme Court Of Canada Makes A Clear Choice As To Who Bears The Loss On Cheque Fraud
In its recently released decision in Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada missed a golden opportunity to update controversial and antiquated interpretations of section 20(5) of the Bills...
9 Nov 2017
PMPRB Decision Creates Uncertainty For Patentees
On September 27, 2017, a two-member Hearing Panel of the Patented Medicine Price Review Board (PMPRB) ruled that the ultra-rare disease drug Soliris® (eculizumab), manufactured by Alexion Pharmaceuticals Inc. (Alexion), was "excessively priced." The Panel ordered both a reduction of the price of Soliris going forward and required Alexion to pay past "excessive" revenues.
8 Nov 2017
Long Delays May Not Force A Stay Of Proceedings In Corruption Cases
An Ontario Superior Court judge has ruled that a 44-month delay is not unreasonable in a corruption case, even when the Crown opts to proceed by a direct indictment and thereby forgo a preliminary inquiry.
8 Nov 2017
Singapore High Court Has No Original Jurisdiction To Revoke A Patent
For years, defendants in patent infringement proceedings have brought counterclaims for revocation of the patent. However, a recent High Court judgment indicates that this is no longer possible.
31 Oct 2017
Court Of Appeal Comments On Reasonable Investigation Defence
The Court of Appeal's decision in Rahimi v. SouthGobi Resources Ltd., 2017 ONCA 719 ("SouthGobi ") provides guidance with respect to the evidentiary burden on defendants who...
30 Oct 2017
Defects In Pre-Patent Issue Process Do Not Render A Patent Void
In Apotex Inc. v Pfizer Inc. et al, 2017 FCA 201, the Federal Court of Appeal refused to void a patent based on an administrative error made during the prosecution of the patent application...
25 Oct 2017
Actavis v Eli Lilly: The Doctrine Of Equivalents In The UK, France And Germany
In view of the UK Supreme Court's judgment in Actavis v Eli Lilly, when will an 'equivalent' infringe as an immaterial variant?
11 Oct 2017
UK Rewrites Its Law Prohibiting Threats Of Legal Proceedings For IP Infringement
The Intellectual Property (Unjustified Threats) Act 2017 (the "Act") entered into force on 1 October 2017, introducing changes to the law in the UK regarding threats of intellectual property proceedings.
9 Oct 2017
Newfoundland Court Of Appeal Outlines The Required Elements For A Contractual Defence Of Unconscionability
Whether or not a contract is legally enforceable is a question that garners considerable attention within the legal community.
5 Oct 2017
Guarantors' Claim Of Improvident Realization Of The Borrower's Assets Unsuccessful
A recent decision of the Alberta Court of Queen's Bench has confirmed that a contract of guarantee is an independent contract between creditor and guarantor separate and apart from a borrower...
5 Oct 2017
Actavis V Eli Lilly - What Is "Normal Interpretation"?
In a landmark decision (Actavis v Eli Lilly), the UK Supreme Court has re-steered the law of patent infringement in the UK, stating that there is a doctrine of equivalents.
2 Oct 2017
Inutility Finding Overturned By Federal Court Of Appeal In First Application Of Supreme Court's Esomeprazole Decision
Dasatinib is the active ingredient in Bristol-Myers Squibb's (BMS) SPRYCEL®, indicated for the treatment of chronic myeloid leukemia in adults.
28 Sep 2017
Valuation Of Trade Secrets
In a series of articles devoted to trade secrets, Gowling WLG professionals share their knowledge to help you understand and manage trade secrets to use them as tools for competitiveness.
26 Sep 2017
Actavis V Eli Lilly - Should We Have Seen It Coming?
The UK Supreme Court's 12 July 2017 judgment in Actavis v Eli Lilly is undoubtedly a landmark decision, re-steering UK law regarding patent infringement by introducing a doctrine of equivalents.
25 Sep 2017
Finance Litigation Briefing - September 2017
The High Court has recently considered whether a one signature bank mandate was sufficient to bind a partnership to various loan agreements.
15 Sep 2017
High Court Gives Ground-Breaking Declaratory Relief Judgment In Favour Of Fujifulm Kyowa Kirin Biologics (FKB) And Gowling WLG
The March 2017 High Court judgment granted declaratory relief to FKB, which was attempting to launch a product and protect it against later, as yet ungranted, patent applications by AbbVie Technology.
12 Sep 2017
Insolvency Litigation: Recent Cases And Issues - August 2017
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
8 Sep 2017
Insolvency Litigation: Recent Cases And Issues (August 2017)
The Court of Appeal has confirmed that a term could not be implied into a conditional fee agreement between a liquidator and solicitors, and that the solicitors would only be paid out of recoveries made.
6 Sep 2017
What The New Balance Case Means For Those Doing Business In China
In a landmark judgment in China, the global sports apparel brand, New Balance, has been awarded £1.2 million in damages and legal costs after successfully suing a Chinese shoemaker, New Boom, for infringing its registered "N" logo.
1 Sep 2017
The Singapore Court Of Appeal Rules On Post Grant Amendments To Patents And Validity Of Second Medical Use Claims
On 21 April 2015, Warner-Lambert commenced an action against Novartis in Singapore for infringement of its Patent.
18 Aug 2017
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