Decision

Biogen Canada Inc. v. Taro Pharmaceuticals Inc., 2018 FC 1034 (Fampridine*)

Associate Justice Tabib - 2018-10-16

Read full decision. Automatically generated summary:

The actions in respect of which the present order is issued were instituted pursuant to s. 6 of the Patented Medicine (Notice of Compliance) Regulations. ... The question that arises is whether the trial of the two actions should proceed concurrently, at least on the invalidity issues. ... Taro’s objections are not based on any perceived substantive or procedural prejudice it might suffer from a common trial, but on the perception that doing so will result in concurrent judgments, resulting for Taro in a loss of the commercial advantage of being first to market with a generic fampidrine product.

Decision relates to:

  • T-1163-18 - BIOGEN CANADA INC ET AL v. TARO PHARMACEUTICALS INC
  • T-1416-18 - BIOGEN CANADA INC. and OTHERS v. APOTEX INC.

 

Canadian Intellectual Property