motion Archives

October 24, 2017

Federal Court Adjourns Motion for Confidentiality Order

2017 FC 548 - In this application for judicial review over s. 5 of the PM(NOC) Regulations, the FC agreed with the AG who argued that since another innovator also had patents listed on the Patent Register pertaining to products to which Innovator Company made comparisons, the other innovator was a necessary respondent to the application.

March 21, 2014

FCA Upholds Rejection of Sanofi’s Motion to Amend Its Statement of Defence

Sanofi-Aventis Canada Inc v Teva Canada Limited - 2014 FCA 65 - The Court dismissed Sanofi’s appeal to amend its statement of defence in a PM(NOC) proceeding. It is not sufficient that allowing the amendment would not be unjust. What is required is that any injustice to the other party is capable of being compensated by an award of costs and the interest of justice must be served.

January 22, 2013

Rule 21 Motion to Strike a Statement of Claim and Exceptions to Patent Infringement

Allergan Inc. v. Apotex Inc., 2012 ONSC 398 Apotex moved to strike Allergan’s Statement of Claim which alleged that Apotex infringed its patents covering the compound […]