7,644 result(s)
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7,626.
Takeda Canada Inc. v. Apotex Inc. - 2024 FC 106 - 2024-02-07
Federal Court Decisions[42] Overall, I found Dr. Rowlings to be a forthright and fair witness who was knowledgeable about pharmaceutical formulation and whose testimony assisted the Court. [...] Adherence to the claim language allows the claims to be read in a way in which the inventor is presumed to have intended, thereby promoting fairness and predictability: Biogen at para 72; Free World Trust at paras 31(a), (b) and 41. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.” [Emphasis in the original.]
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7,627.
Abbott Laboratories v. Canada (Health) - 2008 FC 693 - 2008-05-29
Federal Court Decisions[12] Apotex argued that it is appropriate to allow for the compendia (used in conjunction with the record as a cross-reference for pages of evidence or legal authorities cited) accepted and used by the hearing judge to deal with a massive record. [...] Given that paragraph 34 of the T-1133-02 decision stated that the Court would examine the work of the experts and give it the appropriate weight, it is fair to say that the Court cited the evidence it considered most relevant to its decision. [...] In other words, comparable results occurred, one by fairly subjective means and the other by more measured benchmarking.
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7,628.
1429539 Ontario Limited v. Café Mirage Inc. - 2011 FC 1290 - 2011-11-09
Federal Court Decisions[54] The Federal Court’s jurisdiction for trade-mark infringement is embodied in section 7 of the Trade-marks Act. Of relevance are subsections 7(b) and 7(c) which deal with confusion, and passing-off. [...] c) faire passer d’autres marchandises ou services pour ceux qui sont commandés ou demandés;
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7,629.
AstraZeneca AB v. Apotex Inc. - 2004 FC 44 - 2004-01-14
Federal Court Decisions(3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] [26] Early in his submissions, counsel for AstraZeneca referred me to the affidavit of Ms. Da Costa and indicated that this would be important for dealing with the abuse of process issue.
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7,630.
Canada (Citizenship and Immigration) v. Jozepović - 2023 FC 1660 - 2023-12-20
Federal Court Decisions[151] I will first deal with address and work status. The defendant indicated that he lived in Kankanj municipality in June of 1993. [...] In some cases, out of fairness to the process and the parties involved, a bifurcated process may be the result. [...] Whether a trial judge bifurcates a trial or deals with all issues via one sitting is a matter of trial management.
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7,631.
Canada (Minister of Citizenship and Immigration) v. Podins - 1999-07-09
Federal Court DecisionsPrior to his retirement, Mr. Podins had purchased an apartment in Hawaii, which he visited fairly frequently. [...] Rather, the document packages listed under "British", which deal with general inquiries, indicate that the IMM. 461 is to be attached. [...] its preamble that "all previous instructions concerning procedure in dealing with applications for admission are hereby cancelled and replaced by the following:-" Under the heading "Alien Immigration", at the bottom of page 1, it states, "[p]ersons who served with the enemy in any capacity are not eligible for admission."
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7,632.
Teva Canada Innovation v. Pharmascience Inc. - 2020 FC 1158 - 2021-01-06
Federal Court DecisionsThis Court is not bound by the decisions of foreign courts dealing with corresponding patents. [...] These factors track the requirements of the Minister of Health when dealing with a new drug submission to assess its “safety” and “effectiveness”. [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness.
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7,633.
J.D. Irving, Limited v. Siemens Canada Limited - 2016 FC 69 - 2016-01-22
Federal Court DecisionsIt is aimed at fairness and is not fixed (Lyttle at para 65; also see Quansah at para 80). [...] Each approach ultimately deals with the weight that should be assigned to the expert opinion, not with the admissibility of the underlying hearsay evidence independent of the opinion. [...] [247] Secondly, there was not a great deal of time between the barge assuming a port list and the loss and, during what time there was, efforts were being made to deal with T2’s tilt and any resultant barge list.
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7,634.
Milne v. Canada - 2021 FC 765 - 2021-07-19
Federal Court DecisionsThe Plaintiff testified this letter was “very shocking” as he believed they were “very close to getting a deal done.” [...] So you don't -- fair enough. You don't know from looking at that photo one way or another; is that right?
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7,635.
Ahousaht First Nation v. Canada (Fisheries, Oceans and Coast Guard) - 2019 FC 1116 - 2019-08-29
Federal Court DecisionsThese observations do not fit squarely within one of the three components of the RJR-MacDonald test, and I consider that it is better to deal with them at the outset, before considering the test itself. [...] [113] I pause to note that the recent decision of the FCA in Squamish First Nation v Canada (Fisheries and Oceans), 2019 FCA 216 [Squamish], mentioned by the Five Nations in their oral submissions, also arises in a fairly different factual context.
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7,636.
Uponor AB v. Heatlink Group Inc. - 2016 FC 320 - 2016-03-16
Federal Court Decisionsb) Adherence to the language of the claims allows them to be read in the manner the inventor is presumed to have intended and in a way that is sympathetic to accomplishing the inventor’s purpose, which promotes both fairness and predictability; [...] c) The whole of the specification should be considered to ascertain the nature of the invention, and the construction of claims must be neither benevolent nor harsh, but instead should be reasonable and fair to both the patentee and the public. [...] The patent provides no useful definition or disclosure of what constitutes a substantial reduction, and the experts’ opinions of what a POSITA might understand that to mean creates a great deal of ambiguity in being able to ascertain what level of reduction constitutes a “substantial reduction”, further discussed below in
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7,637.
Apotex Inc. v. Sanofi-Aventis - 2012 FC 553 - 2012-05-23
Federal Court DecisionsI am striving to be reasonable and fair – I cannot achieve perfection. [...] What the respondent would have done had it not been for the tortious act requires a great deal of speculation, and, on the basis of the principles which I have reviewed above, I would apply the legal burden of proof against the appellant. [...] [272] One final issue to deal with relates to the possibility of an adjustment to Apotex’s Net Lost Profits to reflect the sale of Apo-ramipril for unapproved indications.
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7,638.
Beauchamp v. Canada - 2022 FC 47 - 2022-01-17
Federal Court Decisions[84] Recent jurisprudence in the Superior Courts of British Columbia and Alberta deal with similar issues to those in the case at bar in terms of video camera placement, the assault of an inmate, and claims by an inmate against CSC in negligence. [...] [12]...[T]he evidence is that, in a medium security institution, the inmates have fairly open access within the perimeters of the institution.
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7,639.
Schering-Plough Canada Inc. v. Pharmascience Inc. - 2009 FC 1128 - 2009-12-22
Federal Court Decisions[148] I do not agree that the construction of the term “carrier medium” proposed by the Pharmascience experts is a fair and purposive construction of the term. [...] The argument, as explained during oral argument, focuses on that part of the claim that deals with the DCL-protective amount.
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7,640.
College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia v. Council of Natural Medicine College of Canada - 2009 FC 1110 - 2009-10-29
Federal Court DecisionsAlthough, I am not convinced that the defendant’s approach would have been any different, the benefit of the doubt should lie with procedural fairness. [...] [227] I now will deal with the arguments by the plaintiff under section 10 of the Trade-marks Act.
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7,641.
Canada (Attorney General) v. Charkaoui - 2018 FC 849 - 2018-08-21
Federal Court DecisionsIl peut en faire de même pour les personnes qu’il entend en application de l’alinéa 38.04(5)d). [...] [...] [...] Protection of right to a fair trial Protection du droit à un procès équitable [...] It deals with a message concerning Noureddine Nafia that was sent by CSIS.
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7,642.
Canada (Minister of Citizenship and Immigration) v. Baumgartner - 2001 FCT 970 - 2001-08-31
Federal Court DecisionsAccording to the report, a person fairly high up in the Catholic Church, a former Bishop named Napholz, had condemned those who volunteered for the Waffen S.S. Mr. Baumgartner challenged the authenticity of this report and also suggested there might have been another context for it. [...] They had some kind of deal, Hungarian with the Germany because of always the land.
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7,643.
Canada (Attorney General) v. Abdelrazik - 2023 FC 1100 - 2023-08-11
Federal Court DecisionsHe added that Canada’s law enforcement and security agencies operate in a constitutional democracy and are subject to the rule of law and the courts and asserted that they are consequently unable to provide confidentiality guarantees to any foreign agency, outlining that any foreign country that Canadian agencies deal with [...] Both parties presented summaries that, in their view, provide the gist or the essence of the redacted Information to ensure fairness in the underlying proceeding while also minimizing or limiting the injury to national security or international relations.
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7,644.
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC - 2020 FC 816 - 2020-09-10
Federal Court DecisionsIn undertaking an analysis of novelty, obviousness, sufficiency and utility, one should know the nature of the beast with which one is dealing (Novopharm FCA at para 28). [...] [149] In Whirlpool, the SCC stated that purposive construction properly directs itself to the words of the claims interpreted knowledgeably and in the context of the specification as a whole, and advances the objective of an interpretation of the patent claims that is reasonable and fair to both patentee and public.