BOEHRINGER INGELHEIM (CANADA LTD.) ET AL. v. AURO PHARMA INC.
Summary of T-1336-23
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: Patented Medicines (NOC) Regulations [Actions]
Parties and Lawyers:Party | Firm | Lawyer |
---|---|---|
AURO PHARMA INC | ||
BOEHRINGER INGELHEIM (CANADA) LTD | SMART & BIGGAR LLP | HAMILTON, J SHELDON |
BOEHRINGER INGELHEIM INTERNATIONAL GMBH |
Name | Number |
---|---|
2726267 | |
2591083 | |
OFEV | |
2493310 |
Patented Medicine: Nintedanib (Medicinal ingredients are based on automated analysis and should not be relied upon.)
Docket Summary (Google Translate to English)
(26) 2024-12-13 - TorontoSolicitor's certificate of service on behalf of Chen Li confirming service of DOC 25 upon Defendant by email on 13-DEC-2024 filed on 13-DEC-2024
Discontinuance on behalf of Plaintiff filed on 13-DEC-2024
Letter from Plaintiff dated 13-DEC-2024 advising filing of Notice of Discontinuance received on 13-DEC-2024
Oral directions received from the Court: Associate Judge L.E. Trent Horne dated 29-OCT-2024 directing that the timeline is adjusted as outlined within the direction placed on file on 29-OCT-2024 Confirmed in writing to the party(ies)
Toronto 29-OCT-2024 BEFORE Associate Judge L.E. Trent Horne Language: E Before the Court: Case Management Conference Result of Hearing: confidential held by way of Conference Call Duration per day: 29-OCT-2024 from 09:29 to 09:37 Courtroom : Teleconference Room No. 1 - Toronto Court Registrar: Alexander Campanile Total Duration: 10min Appearances: Sheldon Hamilton & Chen Li 416.595.2762 representing Plaintiff J. Bradley White & Nathaniel Lipkus 613.235.7234 representing Defendant Minutes of Hearing entered in Vol. 1120 page(s) 279 - 280 Abstract of Hearing placed on file
CONFIDENTIAL Letter on behalf of the Defendant received on 24-OCT-2024
Letter from Plaintiff dated 11-OCT-2024 confidential, stored in themis received on 11-OCT-2024
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 31-MAY-2024 directing that `Futher to correspondence from the defendant dated May 31, 2024, the parties are granted an extenstion of time to June 11, 2024 to exchange affidavits of documents and schedule 1 productions. ` placed on file on 31-MAY-2024 Confirmed in writing to the party(ies)
Letter from Defendant dated 31-MAY-2024 re: extension of the deadline to exchange affidavits of documents and schedule 1 productions from May 31, 2024 until to two weeks after the issuance of a protective order in this matter, June 11, 2024 received on 31-MAY-2024
Order dated 28-MAY-2024 rendered by Trent Horne, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 24-MAY-2024 re: Protective Order Result: granted Filed on 28-MAY-2024 certified copies sent to parties entered in J. & O. Book, volume 1655 page(s) 185 - 203 Interlocutory Decision
Letter from Defendant dated 24-MAY-2024 re: proposed protective order received on 24-MAY-2024
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 21-MAY-2024 directing that "Further to correspondence from the plaintiffs dated May 17, 2024, the parties are granted a futher extension of time to May 24, 2024 to finalize a protective order/agreemnt, or to advise that a motion will be necessary." placed on file on 21-MAY-2024 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 17-MAY-2024 re: request for an extension of time to finalize a protective agreement, or to advise the Court that a motion for a protective order is necessary received on 17-MAY-2024
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 15-MAY-2024 directing that further to correspondence from the defendant dated 10-MAY-2024, the parties are granted further extension of time to 17-MAY-2024 to finalize a protective order/ agreement, or to advise that a motion will be necessary placed on file on 15-MAY-2024
Letter from Defendant dated 10-MAY-2024 re: request for an extension of time to finalize a protective order/ agreement or to advise that a motion is necessary received on 10-MAY-2024
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 06-MAY-2024 directing that "Further to correspondence from the plaintiffs dated May 3, 2024, the parties are granted an extension of time to May 10, 2024 to finalize a protective order/agreement, or to advise that a motion will be necessary. Motions arsing from examinations for discovery shall be heard on January 10, 2025 at 9:30 am by videoconference, not to exceed one day. Any questions/ issues not spoken to during the time allotted will be deemed withdrawn. Moving motion materials shall be served by December 18, 2024. All motion materials shall be served and filed by January 3, 2025. The parties shall write to the Court by January 7, 2025 and advise what questions/issues have been resolved. Unless otherwise ordered, answers shall be served by February 14, 2025." placed on file on 06-MAY-2024 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 03-MAY-2024 re: request for an extension of time to finalize a protective agreement and proposed dates of availability for discovery motions received on 03-MAY-2024
Toronto 30-APR-2024 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The parties will advise of the agreed upon date for discovery motions by Friday, May 3, 2024 held by way of Conference Call Duration per day: 30-APR-2024 from 01:00 to 01:13 Courtroom : Judge's Chambers - Toronto Court Registrar: Cherlin McColman Total Duration: 13min Appearances: Ms. Urszula Wojtyra/Ms. Chen Li 416-595-2772 representing Plaintiff Mr. Nathaniel Lipkus/Mr. Bradley White/Mr. Leah McGurn 416-862-6787 representing Defendant Comments: Hearing not recorded Minutes of Hearing entered in Vol. 1113 page(s) 90 - 91 Abstract of Hearing placed on file
Letter from Defendant dated 26-APR-2024 re: the parties' mutual dates of availablity for a CMC received on 26-APR-2024
Acknowledgment of Receipt received from all parties with respect to with respect to order dated 24-APR-2024 Doc No.23 placed on file on 25-APR-2024
DOWNLOAD Order dated 24-APR-2024 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 24-JUL-2023 Result: Pursuant to Rule 383 that Associate Judge Trent Horne is assigned as Case Management Judge in the place of Associate Judge John C. Cotter in this matter Filed on 24-APR-2024 copies sent to parties entered in J. & O. Book, volume 1649 page(s) 317 - 317 Interlocutory Decision
Letter from Plaintiff dated 19-APR-2024 This letter requests an extension of time received on 19-APR-2024
Solicitor's certificate of service on behalf of Leah McGurn confirming service of Doc 21 upon all parties by email on 19-APR-2024 filed on 19-APR-2024
Notice of change of solicitor on behalf of Defendant filed on 19-APR-2024
Letter from Defendant dated 19-APR-2024 This letter is advising that the defendant's have new counsel received on 19-APR-2024
Amended Third Amended Scheduling Order rendered on 11-APR-2024 by John Cotter, Esq., Prothonotary filed on 11-APR-2024 Matter considered without personal appearance amending Scheduling Order entered in J. & O. Book, volume 1646 page(s) 314 - 316 Interlocutory Decision
Letter from Plaintiff dated 28-MAR-2024 This letter requests a small extension of time for the scheduling order received on 28-MAR-2024
Amended (Second Amended Scheduling Order) rendered on 25-MAR-2024 by John Cotter, Esq., Prothonotary filed on 25-MAR-2024 Matter considered without personal appearance amending Amended Scheduling Order entered in J. & O. Book, volume 1644 page(s) 288 - 290 Interlocutory Decision copies sent to parties
Letter from Plaintiff dated 15-MAR-2024 This letter requests an extension to notify the court in regards to the protective order and any related motion received on 15-MAR-2024
Acknowledgment of Receipt received from The parties with respect to Amended Scheduling Order (DOC 18) placed on file on 07-MAR-2024
Amended Scheduling Order rendered on 07-MAR-2024 by John Cotter, Esq., Prothonotary filed on 07-MAR-2024 Matter considered without personal appearance amending Order Doc No. 17 entered in J. & O. Book, volume 1641 page(s) 453 - 455 Interlocutory Decision copies sent to parties
Letter from Plaintiff dated 29-FEB-2024 request, on consent, for a two week extension of time to March 15, 2024 to advise the Court if a motion for protective order will be necessary received on 29-FEB-2024
DOWNLOAD Order dated 19-JAN-2024 rendered by John Cotter, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 15-JAN-2024 re: jointly proposed timetable Result: granted Filed on 19-JAN-2024 copies sent to parties entered in J. & O. Book, volume 1632 page(s) 1 - 3 Interlocutory Decision
Toronto 19-JAN-2024 BEFORE John Cotter, Esq., Prothonotary Language: E Before the Court: Case Management Conference to discuss joint letter submitted by the parties dated January 15, 2024 regarding proposed timetable Result of Hearing: once discoveries are completed the parties are asked to submit status update and dates of availability for a CMC held by way of video conference Duration per day: 19-JAN-2024 from 12:30 to 12:34 Courtroom : Judge's Chambers - Toronto Court Registrar: Monica Mecca Total Duration: 4min Appearances: Urszula Wojtyra 416-595-2772 representing Plaintiff Malcolm Harvey 647-373-0863 representing Plaintiff Emily Kettel 416-777-4893 representing Defendant Benjamin Reingold 416-777-4662 representing Defendant Minutes of Hearing entered in Vol. 1108 page(s) 21 - 22 Abstract of Hearing placed on file
Letter from Plaintiff dated 15-JAN-2024 the parties provide a joint status update and proposed changes to the draft timetable previously submitted. received on 15-JAN-2024
DOWNLOAD Written directions received from the Court: John Cotter, Esq., Prothonotary dated 18-DEC-2023 directing that "A case management conference will be held on January 19, 2024 at 12:30PM Eastern. The parties shall by January 15, 2024 submit a letter to the Court providing a status update and any proposed changes to the draft timetable previously submitted." placed on file on 18-DEC-2023 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of Urszula Wojtyra confirming service of Doc 15 upon Defendant by email on 20-SEP-2023 filed on 20-SEP-2023
DOWNLOAD Reply on behalf of Plaintiff Filed on 20-SEP-2023
Consent on behalf of all parties to r. 7 consent for an extension of time to file a reply filed on 20-SEP-2023
Letter from Plaintiff dated 20-SEP-2023 This letter gives a summary of documents submitted received on 20-SEP-2023
Letter from Plaintiff dated 15-SEP-2023 This letter contains an agenda and mutual availability for a CMC received on 15-SEP-2023
Consent on behalf of all parties to doc. 11 filed on 05-SEP-2023
Solicitor's certificate of service on behalf of Ben Reingold confirming service of doc. 11 upon Plaintiff by email on 05-SEP-2023 filed on 05-SEP-2023
Defence filed on 05-SEP-2023
Oral directions received from the Court: John Cotter, Esq., Prothonotary dated 30-AUG-2023 directing that "As the trial of this matter has now been scheduled, the parties shall confer and submit by September 15, 2023 a proposed timetable for the steps leading up to trial, along with dates of availability for a Case Management Conference. If the parties are unable to submit a joint proposed timetable, they may submit separate proposals with any differences identified and the reasons for same. As the dates proposed in the plaintiffs' letter of July 7, 2023 for the service and filing of the statement of defence, and any reply, have now passed, the parties may, if they wish, deal with those steps separately if it is on consent." placed on file on 30-AUG-2023 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from both parties with respect to Doc 9 filed on 30-AUG-2023
DOWNLOAD Order (time and place) dated 30-AUG-2023 rendered by Chief Justice Crampton fixing Trial of the matter to be heard at Special Sitting in Toronto on 19-JAN-2026 to begin at 09:30 duration: 12d language: E Filed on 30-AUG-2023 cc's sent to parties entered in J. & O. Book, volume 1610 page(s) 403 - 403 Transmittal letters placed on file
Letter from Plaintiff dated 27-JUL-2023 attaching schedule on consent... received on 27-JUL-2023
Acknowledgment of Receipt received from both parties with respect to doc 8 placed on file on 28-JUL-2023
Letter from Plaintiff dated 25-JUL-2023 requesting brief extension to submit update and timetable received on 25-JUL-2023
DOWNLOAD Order dated 24-JUL-2023 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Motion ex proprio motu Result: IT IS ORDERED pursuant to Rule 383 that Associate Judge John C. Cotter is assigned as Case Management Judge in the place of Associate Judge Martha Milczynski in this matter. Filed on 24-JUL-2023 copies sent to parties entered in J. & O. Book, volume 1605 page(s) 244 - 244 Interlocutory Decision
Letter from Plaintiff dated 20-JUL-2023 This letter requests an extension to subit a timetable. received on 20-JUL-2023
Solicitor's certificate of service on behalf of Benjamin Reingold confirming service of doc. 6 upon Plaintiff by email on 13-JUL-2023 filed on 13-JUL-2023
Notice of Intention to Respond filed on 13-JUL-2023
Service copy of Statement of Claim with proof of service upon Defendant on 04-JUL-2023 filed on 04-JUL-2023
Letter from Plaintiff dated 04-JUL-2023 Letter enclosing copy of email correspondence of service of the Statement of Claim and the service copy of statement of claim received on 04-JUL-2023
Affidavit of service of Mike Bates sworn on 05-JUL-2023 on behalf of Defendant confirming service of Doc 3 upon Plaintiff by email on 05-JUL-2023 with Exhibits A filed on 05-JUL-2023
Consent on behalf of all parties to electronic service filed on 05-JUL-2023
DOWNLOAD Order dated 30-JUN-2023 rendered by Associate Chief Justice Gagné Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 29-JUN-2023 Result: IT IS HEREBY ORDERED THAT: 1. This proceeding shall continue as a specially managed proceeding. 2. Pursuant to Rule 383, Associate Judge Martha Milczynski is assigned as Case Managment Judge in this matter. Filed on 30-JUN-2023 copies sent to parties entered in J. & O. Book, volume 1602 page(s) 176 - 177 Interlocutory Decision
DOWNLOAD Oral directions received from the Court: Martha Milczynski, Prothonotary dated 29-JUN-2023 directing that "The Plaintiffs shall provide a copy of this direction and attachment to the Defendant upon being served with the Notice of Intention to Respond. The parties shall then, within 7 days thereafter, consult with one another and submit i)An update as to the status of this proceeding, indicating their mutual availability, number of days required (not exceeding 10 days) and the preerred venue for the trial of this action; 2)A jointly proposed timetable for the steps leading up to the trial of this action, having regard to the steps identified in the attached checklist as applicable; 3)Dates and times of mutual availability for a case management teleconference Also when filing pleadings in this Court, please ensure a courtesy copy is sent electronically to the Case Management Team in Toronto, cmt_toronto@cas-satj.gc.ca placed on file on 29-JUN-2023 Confirmed in writing to the party(ies)
Letter from Plaintiffs, Boehringer Ingelheim (Canada) Ltd. et al. dated 29-JUN-2023 The Plaintiffs, Boehringer Ingelheim (Canada) Ltd. et al. requests that this action be specially managed pursuant to section 6.10(1) of the Patented Medicines (Notice of Compliance) Regulations and Rules 383, 383.1 and 385 of the Federal Courts Rules. The Plaintiffs renounce the 24-month stay provided by paragraph 7(1)(d) of the PMNOC Regulations in accordance with para. 7(5)(b) of the Regulations. The two ongoing proceedings Federal Court actions involving the same medicinal ingredient (nintedanib esylate): T-1563-22 (BOEHRINGER INGELHEIM(CANADA) LTD ET AL v. JAMP PHARMA CORP.) T-932-23 (BOEHRINGER INGELHEIM (CANADA) LTD. ET AL v. GLENMARK PHARMA..) Associate Judge Milczynski was assigned as the CMJ cc: Dominique T. Hussey, Emily Kettel, Benjamin Reingold (email, no encl.) Bennett Jones LLP, solicitors for Auro Pharma Inc. received on 29-JUN-2023
Statement of Claim and 2 copies filed on 29-JUN-2023 Certified copy(ies)/copy(ies) transmitted to Director of the Regional Office of the Department of Justice Tariff other action - $150.00
The official version of the court proceeding information is available from the court websites directly: