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APOTEX INC. v. HOFFMAN-LA ROCHE LIMITED

Summary of T-1179-13

The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.

Federal Court Type: Intellectual Property - Others [Actions]

Detected Type: PMNOC - Section 8

Parties and Lawyers:
PartyFirmLawyer
APOTEX INCGoodmans LLPRADOMSKI, HB
APOTEX INC
HOFFMAN LA ROCHE LTD
Intellectual Property:
NameNumber
2154721

Patented Medicine: Valganciclovir (Medicinal ingredients are based on automated analysis and should not be relied upon.)

Docket Summary (Google Translate to English)

(37) 2014-10-15 - Ottawa
Consent on behalf of all parties to the discontinuance of the counterclaim filed on 15-OCT-2014
(36) 2014-10-15 - Ottawa
Discontinuance with Consent to the counterclaim on behalf of Defendant with consent on behalf of Plaintiff with proof of service upon Plaintiff on 15-OCT-2014 filed on 15-OCT-2014
(35) 2014-10-15 - Toronto
Affidavit of service of DARLENE POWER sworn on 15-OCT-2014 on behalf of Plaintiff confirming service of DOC 33 DOC 34 upon Defendant by telecopier on 15-OCT-2014 received by fax and filed on 15-OCT-2014
(34) 2014-10-15 - Toronto
Consent on behalf of Defendant to DOC 33 (DISCONTINUANCE) filed on 15-OCT-2014
(33) 2014-10-15 - Toronto
Discontinuance on behalf of Plaintiff filed on 15-OCT-2014
() 2014-09-30 - Ottawa
Acknowledgment of Receipt received from both parties (by e-mail) with respect to the Direction dated 30-SEP-2014 placed on file on 30-SEP-2014
() 2014-09-30 - Ottawa
Oral directions received from the Court: Mireille Tabib, Prothonotary dated 30-SEP-2014 directing that "The Court will hear the motions to compel before hearing Apotex's motion to strike, as it is of the view that the results of the motions to compel may inform the parties' arguments and the Court's determination of the motion to strike, and as dealing with the motions to compel is necessary to ensure that the litigation proceeds on schedule, whereas the motion to strike is not. The parties are to consult with each other and propose a schedule for briefing Apotex's motion, as well as their mutual dates of availability for a hearing after November 5, 2014." placed on file on 30-SEP-2014 Confirmed in writing to the party(ies)
() 2014-09-26 - Ottawa
Communication to the Court from the Registry dated 26-SEP-2014 re: letter and notice of motion received from the Plaintiff dated 22-SEP-2014 and letter in response from the Defendant dated 26-SEP-2014
() 2014-09-26 - Ottawa
Letter from Defendant dated 26-SEP-2014 in response to the Plaintiff's letter of September 22, 2014 received on 26-SEP-2014
() 2014-09-22 - Ottawa
Letter from Plaintiff/Defendant by counterclaim, Apotex Inc., dated 22-SEP-2014 requesting that their motion to strike a portion of the Amended Defence and Counterclaim be heard on one of the days already set aside for the hearing of the motions to compel (Oct. 28 and 29 and Nov. 4 and 5, 2014). A proposed schedule for the briefing of the motion is included. received on 22-SEP-2014
(32) 2014-09-22 - Ottawa
Affidavit of service of Darlene Power sworn on 22-SEP-2014 on behalf of Plaintiff/Defendant by counterclaim, Apotex Inc., confirming service of the Notice of Motion dated September 22, 2014 upon Defendant by e-mail on 22-SEP-2014 filed on 22-SEP-2014
(31) 2014-09-22 - Ottawa
Notice of Motion on behalf of Plaintiff/Defendant by counterclaim, Apotex Inc., returnable (but no hearing date indicated at this time) for an Order dismissing the Counterclaim with respect to the relief sought at sub 53(d) of the Amended Statement of Defence and Counterclaim dated August 12, 2013 filed on 22-SEP-2014
() 2014-09-19 - Ottawa
Oral directions received from the Court: Mireille Tabib, Prothonotary dated 19-SEP-2014 directing that with regard to the parties' proposed schedule for the briefing of motions to compel from the first round of discovery contained in the Plaintiff's letter of September 17, 2014 (moving motion records due by October 3, 2014 including refusals charts, responding motion records due by October 23, 2014) The Court directed as follows: "The parties' proposed schedule is approved." placed on file on 19-SEP-2014 Confirmed in writing to the party(ies)
() 2014-09-17 - Ottawa
Communication to the Court from the Registry dated 17-SEP-2014 re: pursuant to the Court's Order of 10-JAN-2014 advising of the timetable agreed to by the parties for the motions to compel from the first round of examinations for discovery
() 2014-09-17 - Ottawa
Letter from Plaintiff dated 17-SEP-2014 providing the Court with a proposed timetable on consent for the motions to compel arising out of the first round of discovery pursuant to para. 5 of the Order dated 10-JAN-2014 received on 17-SEP-2014
() 2014-08-12 - Ottawa
Acknowledgment of Receipt received from Mr. Topolski for the Plaintiff and Ms. Anand for the Defendant with respect to doc. no. 30, by fax placed on file on 12-AUG-2014
(30) 2014-08-11 - Ottawa
Order (time and place) dated 11-AUG-2014 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Toronto on 12-SEP-2016 to begin at 09:30 duration: 25d language: E Filed on 11-AUG-2014 cc's sent to parties entered in J. & O. Book, volume 1239 page(s) 387 - 388 Transmittal letters placed on file
() 2014-08-01 - Ottawa
Acknowledgment of Receipt received from both parties (by e-mail) with respect to the written confirmation of the oral Direction issued at the CMC 1-AUG-2014 placed on file on 01-AUG-2014
() 2014-08-01 - Ottawa
Oral directions received from the Court: Mireille Tabib, Prothonotary dated 01-AUG-2014 directing that (confirmation in writing of Direction issued at CMC on 1-AUG-2014), "The date provided at para. 4 of the Order of January 10, 2014 for answers to undertakings from the first round of examinations for discovery is extended to September 9, 2014." placed on file on 01-AUG-2014 Confirmed in writing to the party(ies)
() 2014-08-01 - Ottawa
Ottawa 01-AUG-2014 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Trial dates offered confirmed as suitable by both parties; para. 4 of the Order of January 10, 2014 is extended to September 9, 2014 held by way of Conference Call Duration per day: 01-AUG-2014 from 10:24 to 10:26 Courtroom : Judge's Chambers - Ottawa Court Registrar: Victoria Bell Total Duration: 2 mins Appearances: Mr. Jerry Topolski XXXX representing Plaintiff Ms. Jenene Roberts 416-849-6913 representing Plaintiff Mr. Jason Markwell / Ms. Nisha Anand 416-216-2977 representing Defendant Minutes of Hearing entered in Vol. 910 page(s) 463 - 464 Abstract of Hearing placed on file
() 2014-06-18 - Ottawa
Acknowledgment of Receipt received from all parties with respect to the direction of the Court dated 18-Jun-2014 placed on file on 18-JUN-2014
() 2014-06-18 - Ottawa
Oral directions received from the Court: Mireille Tabib, Prothonotary dated 18-JUN-2014 directing that a case management telephone conference will be held at 1:00 p.m. on August 1, 2014 placed on file on 18-JUN-2014 Confirmed in writing to the party(ies)
() 2014-06-17 - Ottawa
Letter from Defendant dated 17-JUN-2014 providing the Court with the parties' availability for a CMC to discuss suitability of the trial dates and to address any other issue that might have arisen received on 17-JUN-2014
() 2014-03-25 - Ottawa
Acknowledgment of Receipt received from all parties with respect to Protective Order Doc. 29 Transmitted by e-mail on 18-MAR-2014: receipt acknowledged by the Defendant on 19-MAR-2014; by the Plaintiff (upon reminder) on 25-MAR-2014. placed on file on 25-MAR-2014
(29) 2014-03-18 - Ottawa
Protective Order dated 18-MAR-2014 rendered by Mireille Tabib, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 12-MAR-2014 Result: granted ...this Protective Order applies only to govern the manner in which the parties handle documents and information that is exchanged during the course of this proceeding and does not entitle any party to file under seal documents and information designated as confidential pursuant to this Protective Order in the absence of a separate, specific Confidentiality Order, with the exception of Confidential Information filed in respect of any Motion for a further and better affidavit of documents and/or Motion to compel answers from examinations for discovery... Filed on 18-MAR-2014 copies sent to parties entered in J. & O. Book, volume 1223 page(s) 224 - 235 Interlocutory Decision
() 2014-03-14 - Ottawa
Communication to the Court from the Registry dated 14-MAR-2014 re: Letter dated 12-MAR-2014
() 2014-03-12 - Ottawa
Letter from Defendant dated 12-MAR-2014 re: "...We write on behalf and on consent of the parties to request the issuance of a Protective Order to govern, inter alia, the treatment of confidential documents and information exchanged between the parties in the course of litigation. Please find enclosed a proposed Protective Order for the Court's consideration. Roche further requests the Court's direction as to whether a motion is required to obtain the relief sought. Should the Court require a motion, it is Roche's understanding that the motion will be on consent of the parties." received on 12-MAR-2014
() 2014-01-14 - Ottawa
Memorandum to file from A. Dickenson, Registry Officer dated 14-JAN-2014 re: the file has been forwarded to the Judicial Administrator pursuant to paragraph 16 of the Order (Doc. 28) dated 10-JAN-2014. placed on file.
() 2014-01-10 - Ottawa
Acknowledgment of Receipt received from all parties with respect to Order Doc. 28 placed on file on 10-JAN-2014
(28) 2014-01-10 - Ottawa
Order dated 10-JAN-2014 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: "1. The parties shall serve their affidavits of documents by 7-MAR-2014. 2. The first round of examinations for discovery (including inventors) shall be completed by 11-JUL-2014. 3. The parties shall advise the Court, by 18-JUN-2014, of their mutual dates of availability in late July and in August 2014 for a case management telephone conference to confirm the suitability of the trial dates and duration and to address any issue that may have arisen. 4. Answers to undertakings from the first round of examinations for discovery shall be provided by 2-SEP-2014. 5. The parties shall advise the Court by 19-SEP-2014 of an agreed schedule for the exchange of motion materials on motions arising from the first round of examinations for discovery with a view to all material being filed by 23-OCT-2014. 6. Motions arising from the first round of examinations for discovery shall be heard at a Special Sitting to be held beginning at 9:30 a.m. on October 28-29 and November 4-5, 2014, in Toronto. 7. Answers ordered answered on motions arising from the first round of examinations for discovery shall be provided by 12-DEC-2014. 8. Parties are to provide to the Court, by 12-DEC-2014, their mutual dates of availability to participate in a case management conference in January 2015 for the purpose of refining the schedule for all remaining steps, including fixing, if appropriate, a deadline to produce documents and answer undertakings, to notify of testing and for mediation, and scheduling the delivery of pre-trial conference material and a pre-trial conference. 9. The second round of examinations for discovery shall be completed by 6-FEB-2015. 10. Answers to undertakings from the second round of examinations for discovery shall be provided by 6-MAR-2015. 11. Motions arising from the second round of examinations for discovery shall be completed by 24-APR-2015. 12. Answers ordered answered on motions arising from the second round of examinations for discovery shall be provided by 22-MAY-2015. 13. Expert reports in chief, including Apotex's expert report(s) relating to section 8 damages and patent validity, and Roche's report(s) relating to patent infringement and infringement damages shall be served 8 months before the commencement of trial. 14. Responding expert reports, including Roche's reports relating to section 8 damages and patent validity, and Apotex's report(s) relating to patent infringement and infringement damages shall be served 4 months before the commencement of trial. 15. Motions in respect of reply expert reports, which shall include a copy of the proposed expert report in reply, shall be served and filed 1 month before the commencement of trial and made returnable at trial. 16. The Judicial Administrator is to advise of available dates for a 25 day trial in English, in Toronto, during the second quarter of 2016." Filed on 10-JAN-2014 copies sent to parties entered in J. & O. Book, volume 1216 page(s) 181 - 184 Interlocutory Decision
() 2014-01-08 - Ottawa
Ottawa 08-JAN-2014 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Order to issue held in chambers by way of Conference Call Duration per day: 08-JAN-2014 from 14:00 to 14:27 Courtroom : Judge's Chambers - Ottawa Court Registrar: Alison Dickenson Total Duration: 27min Appearances: Jerry Topolski (416) 597-5907 representing Plaintiff Jason Markwell and Nisha Anand (416) 216-2977 representing Defendant Comments: The Court will endorse the parties' proposed schedule submitted on 7-JAN-2014, with revisions discussed and agreed upon today. Minutes of Hearing entered in Vol. 895 page(s) 17 - 19 Abstract of Hearing placed on file
() 2014-01-08 - Ottawa
Draft Order (received by e-mail) concerning the parties' proposed schedule; as set out in the letter dated 7-JAN-2014 received on 08-JAN-2014
() 2014-01-08 - Ottawa
Communication to the Court from the Registry dated 08-JAN-2014 re: forwarding file for CMC scheduled to be held at 2:00 p.m. on 8-JAN-2014
() 2014-01-07 - Ottawa
Letter from Defendant dated 07-JAN-2014 further to the Directions dated 16-DEC-2013, providing a proposed schedule on consent of the parties received on 07-JAN-2014
() 2013-12-16 - Ottawa
Oral directions received from the Court: Mireille Tabib, Prothonotary dated 16-DEC-2013 directing that "A case management telephone conference will be held at 2:00 p.m. on 8-JAN-2014. The parties are requested to provide, prior to the case management telephone conference, submissions as to a proposed schedule for further steps to be taken." placed on file on 16-DEC-2013 Confirmed in writing to the party(ies)
(27) 2013-12-02 - Toronto
Solicitor's certificate of service on behalf of Jason C. Markwell confirming service of Doc 26 upon Plaintiff by telecopier on 02-DEC-2013 filed on 02-DEC-2013
(26) 2013-12-02 - Toronto
Reply to Defence to Counterclaim on behalf of Defendant Filed on 02-DEC-2013
() 2013-12-09 - Ottawa
Letter from Defendant/Plaintiffs by Counterclaim dated 09-DEC-2013 re: further to paragraph 2 of the Order of Prothonotary Aalto dated 4-NOV-2013, providing the parties' mutual dates of availability for a case management conference received on 09-DEC-2013
() 2013-11-29 - Ottawa
Proof of Transmission by Fax received from All parties with respect to Doc. #25 (Order from CJC dated November 29, 2013). placed on file on 29-NOV-2013
(25) 2013-11-29 - Ottawa
Order dated 29-NOV-2013 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 04-NOV-2013 Result: Pursuant to Rule 383 that Prothonotary Mireille Tabib is assigned as Case Management Judge in this matter. Filed on 29-NOV-2013 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1212 page(s) 212 - 213 Interlocutory Decision
() 2013-11-07 - Ottawa
Communication to the Court from the Registry dated 07-NOV-2013 re: file sent to the Office of the Judicial Administrator to assign a Case Management Judge. Re: Order of the Court dated November 4, 2013.
(24) 2013-11-05 - Toronto
Affidavit of service of Darlene Power sworn on 05-NOV-2013 on behalf of Plaintiff confirming service of 23 upon Defendant/Plaintiff by Counterclaim by courier on 05-NOV-2013 filed on 05-NOV-2013
(23) 2013-11-05 - Toronto
Amended (FRESH AS) Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 05-NOV-2013
(22) 2013-11-04 - Toronto
Solicitor's certificate of service on behalf of Isha Anand confirming service of Doc 20 upon Defendant by telecopier on 15-OCT-2013 filed on 04-NOV-2013
(21) 2013-11-04 - Toronto
Fresh as Amended Statement of Defence and Counter-Claim on behalf of Hoffman-La Roche Limited, Defendant filed on 04-NOV-2013
(20) 2013-11-04 - Toronto
Order dated 04-NOV-2013 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 15-OCT-2013 Result: 1. This matter shall proceed as a specially managed proceeding and be referred to the Office of the Chief Justice for the appointment of a Case Management Judge. 2. Within 10 days of the appointment of a Case Management Judge, the parties shall provide mutually convenient dates for a case management conference to review the status of the proceeding and establish a timetable for the next step in the proceeding. 3. Pending the appointment of a Case Management Judge i) Roche is granted leave to file the Fresh as Amended Statement of Defence and Counterclaim ii) Apotex Inc shall serve and file a Fresh as Amended Reply to Defence to Counterclaim by Nov 12/13. iii) Roche shall file a Reply by Dec 2/13. Filed on 04-NOV-2013 copies sent to parties entered in J. & O. Book, volume 1209 page(s) 129 - 131 Interlocutory Decision
() 2013-10-16 - Toronto
Communication to the Court from the Registry dated 16-OCT-2013 re: Defendant's letter dated Oct 15/13 for Directions/Order
() 2013-10-15 - Toronto
Letter from Defendant dated 15-OCT-2013 on consent of all parties, requesting the appontment of a case management judge in this proceeding and for an order that...(attached fresh as amended statement of defence and counterclaim.) received on 15-OCT-2013
() 2013-10-07 - Toronto
Acknowledgment of Receipt received from App/Resp (sent by fax) with respect to Order doc 19 placed on file on 07-OCT-2013
(19) 2013-10-07 - Toronto
Order dated 07-OCT-2013 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 13 Result: granted 1. The Defendant/Plaintiffs by Counterclaim shall serve and file any Reply to Defence and Counterclaim by Oct. 21/13. 2. No costs awarded Filed on 07-OCT-2013 copies sent to parties entered in J. & O. Book, volume 1206 page(s) 332 - 333 Interlocutory Decision
() 2013-09-30 - Toronto
Communication to the Court from the Registry dated 30-SEP-2013 re: 369 motion doc 13 sent for disposition
() 2013-09-26 - Toronto
Covering letter from Defendant dated 26-SEP-2013 concerning Doc. Nos. 17 18 placed on file on 26-SEP-2013
(18) 2013-09-26 - Toronto
Solicitor's certificate of service on behalf of Nisha Anand confirming service of doc 17 upon Plaintiff by process server on 26-SEP-2013 filed on 26-SEP-2013
(17) 2013-09-26 - Toronto
Motion Record containing the following original document(s): 13 14 15 16 Number of copies received: 3 on behalf of Defendant filed on 26-SEP-2013
(16) 2013-09-26 - Toronto
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 13 filed on 26-SEP-2013
(15) 2013-09-26 - Toronto
Affidavit of Patrick E. Kierans sworn on 26-SEP-2013 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 13 with Exhibits A-D filed on 26-SEP-2013
(14) 2013-09-26 - Toronto
Consent on behalf of Plaintiff Defendant to the draft order attached as Schedule 'A' to doc 13 filed on 26-SEP-2013
(13) 2013-09-26 - Toronto
Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the Toronto local office for an Order in the form attached hereto as Schedule 'A' granting an extension of time of thirty days untill Oct 21, 2013 for Roche to serve and file a Reply to Defence to counter claim and other relief filed on 26-SEP-2013 Draft Order\\Judgment received.
() 2013-09-23 - Toronto
Letter from defendant,Hoffman-La Roche dated 23-SEP-2013 Consent of parties,Rule 7 for extension of time of 5 days to file Reply to Defence to Counterclaim to September 26,2013 received on 23-SEP-2013
(12) 2013-09-11 - Toronto
Solicitor's certificate of service on behalf of Jason C. Markwell confirming service of Doc 11 upon all parties by telecopier on 11-SEP-2013 filed on 11-SEP-2013
(11) 2013-09-11 - Toronto
Notice of change of solicitor on behalf of Defendant filed on 11-SEP-2013
(10) 2013-09-11 - Toronto
Solicitor's certificate of service on behalf of Jenene Roberts confirming service of Doc 9 upon Hoffman-LaRoche Limited (Defendant and Plaintiffs by Counterclaim) by process server on 11-SEP-2013 filed on 11-SEP-2013
(9) 2013-09-11 - Toronto
Reply and Defence to Counterclaim on behalf of Apotex (Plaintiff - Defendant by Counterclaim) Filed on 11-SEP-2013
(8) 2013-08-12 - Ottawa
Solicitor's certificate of service on behalf of Alex Gloor confirming service of doc. no. 7 upon Plaintiff by telecopier on 12-AUG-2013 filed on 12-AUG-2013
(7) 2013-08-12 - Ottawa
Amended Defence and Counterclaim filed on 12-AUG-2013
(6) 2013-08-08 - Vancouver
Solicitor's certificate of service on behalf of Alex Gloor confirming service of doc. no. 5 upon Plaintiff by telecopier on 07-AUG-2013 filed on 08-AUG-2013
(5) 2013-08-08 - Vancouver
Defence and Counterclaim filed on 08-AUG-2013
(4) 2013-08-08 - Ottawa
Solicitor's certificate of service on behalf of Alex Gloor confirming service of 3 upon Plaintiff by telecopier on 08-AUG-2013 filed on 08-AUG-2013
(3) 2013-08-08 - Ottawa
Consent on behalf of Plaintiff Defendant to a 1 day ext. of time to file the Statement of Defence of the Defendant filed on 08-AUG-2013
() 2013-08-08 - Vancouver
Memorandum to file from Vik Prasad, Vancouver Local Office, dated 08-AUG-2013 Counsel for the Defendant tendered via e-filing a Statement of Defence and Counterclaim on 7-AUG-2013. I discussed with counsel where and when the Defendant was served and confirmed the proof of service of the claim which is on record. The Defendant was served in Canada on 4-JUL-2013, so the deadline for the Defence was on or before 6-AUG-2013. Given the e-filing was tendered on 7-AUG-2013, counsel is working on obtaining a Rule 7 consent extension and will be filing everything in Ottawa. placed on file.
() 2013-08-02 - Ottawa
Solicitor's certificate of service on behalf of Alex Gloor confirming service of the Demand for Particulars of the Defendant, Hoffmann-La Roche Limited upon Plaintiff by telecopier on 02-AUG-2013 received on 02-AUG-2013
() 2013-08-02 - Ottawa
Letter from Defendant dated 02-AUG-2013 enclosing the Demand for Particulars of Hoffmann-LaRocher Limited received on 02-AUG-2013
(2) 2013-07-08 - Toronto
Affidavit of service of Anthony Eusepio sworn on 05-JUL-2013 on behalf of Plaintiff confirming service of Statement of Claim upon Defendant by personal service on 04-JUL-2013 filed on 08-JUL-2013
(1) 2013-07-03 - Toronto
Statement of Claim filed on 03-JUL-2013 Tariff other action - $150.00

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