BAYER INC. ET AL. v. AMGEN CANADA INC.
Summary of T-2137-23
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 |
|---|---|---|
| AMGEN CANADA INC | ||
| BAYER INC | McCarthy Tétrault LLP | TAIT, DAVID |
| REGENERON PHARMACEUTICALS INC |
| Name | Number |
|---|---|
| 2970315 | |
| 2654510 | |
| 3007276 | |
| EYLEA |
Decisions
| Name | Date | Paragraph |
| Bayer Inc. v. Amgen Canada Inc. 2024 FC 1849 | Dec 4, 2024 | The underlying proceeding is a patent infringement action brought under subsection 6(1) of the PMNOC Regulations and a related counterclaim. ... Now before the Court is a motion brought by Amgen, pursuant to subsection 6.07(1) of the PMNOC Regulations, for a declaration that the 276 Patent is ineligible for inclusion on the Patent Register and a declaration that the 24-month statutory stay be lifted in relation to the 276 Patent. Amgen asserts that the 276 Patent does not contain a claim for the very change of use approved through the issuance of a Notice of Compliance [NOC] with respect to the Plaintiffs’ Supplementary New Drug Submission [SNDS] 204121. For the reasons that follow, I am satisfied that Amgen has demonstrated that the 276 Patent is ineligible for inclusion on the Patent Register. Accordingly, the motion shall be granted, with costs. ... It is this divorcing of the genetic component of the 276 Patent from the change in use approved by the NOC in response to SNDS 204121 that leads me to conclude that the use claimed in Claim 58 is not the “very change in use” at issue. |
Appeals
The following appeals were taken from decision on this proceeding: [List of appeals is based on automated analysis and should not be relied upon.]
- A-402-24 is an appeal from 2024 FC 1849
- A-31-25 is an appeal from 2024 FC 1849
- 24-A-44 is an appeal from 2024 FC 1849
Docket Summary (Google Translate to English)
() 2025-06-11 - TorontoToronto 11-JUN-2025 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial in this action Result of Hearing: Matter reserved held in Court Senior Usher: ANNE STREET Duration per day: 11-JUN-2025 from 09:30 to 04:05 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li 12-JUN-2025 from 09:30 to 03:50 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li Total Duration: 2d Appearances: CHRISTOPHER VAN BARR, WILLIAM BOYER, ANDREW MEDICO 613-233-1781 representing Plaintiffs DAVID TAIT, KENDRA LEVASSEUR, ANDREA LEE 416-362-1812 representing Plaintiffs DOMINIQUE HUSSEY, EMILY KETTEL, MELISSA DIMILTA, VINCENT DE GRANDPRE 416-863-1200 representing Defendant WILL BORTOLIN, THOMAS LAUR, NYRIE ISRAELIAN, MAKDA YOHANNES 416-863-1200 representing Defendant Court Reporter: DEANA SANTEDICOLA 416-413-7755 11-JUN-2025 DEANA SANTEDICOLA 416-413-7755 12-JUN-2025 Transcript requested (on an expedited basis) Comments: Recorded on TASCAM. Parties' cost submissions due on June 26, 2025. Cost reply submissions due on July 10, 2025. To be submitted under seal. Minutes of Hearing entered in Vol. 1129 page(s) 177 - 178 Abstract of Hearing placed on file
Toronto 27-MAY-2025 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial in this action Result of Hearing: Matter reserved held in Court Senior Usher: John Grise (May 27, 28) / Anne Street (Jun 3, 4) Duration per day: 27-MAY-2025 from 09:35 to 04:10 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li 28-MAY-2025 from 09:30 to 03:35 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li 03-JUN-2025 from 09:30 to 04:15 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li 04-JUN-2025 from 09:30 to 03:00 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li Total Duration: 4d Appearances: CHRISTOPHER VAN BARR, WILLIAM BOYER, ANDREW MEDICO 613-233-1781 representing Plaintiffs DAVID TAIT, KENDRA LEVASSEUR, ANDREA LEE 416-362-1812 representing Plaintiffs DOMINIQUE HUSSEY, EMILY KETTEL, MELISSA DIMILTA, VINCENT DE GRANDPRE 416-863-1200 representing Defendant WILL BORTOLIN, THOMAS LAUR, NYRIE ISRAELIAN, MAKDA YOHANNES 416-863-1200 representing Defendant Exhibits filed at hearing: 1-42 Witness(es) on behalf of Plaintiffs DR. DAVID WONG St. Michael's Hospital, 30 Bond Street 8-528 Donelly, Toronto, ON M5B 1W8 on behalf of Plaintiffs MR. STANLEY NORTH 166 Promenade Sheraton, Montréal-Ouest, QC, H4X 1N4 on behalf of Plaintiffs MR. DIETHER LAMBRECHTS VIB-KU Leuven Center for Cancer Biology, Herestraat 49, 3001 Leuven, Belgium on behalf of Plaintiffs DR. DOUGLAS KLINE Czeminskistrasse 1, 10829 Berlin, Germany on behalf of Defendant DR. DOUGLAS NESTA 170 Lallice Lane, Collegeville, PA 19426, USA on behalf of Defendant DR. ANDREW PATERSON 686 Bay Street, Toronto, Ontario M5G 0A4, Canada on behalf of Defendant DR. PETER KERTES 2075 Bayview Ave, North York, Ontario M4N 3M5, Canada Court Reporter: Angela Gunn 416-413-7755 27-MAY-2025 Deana Santedicola 416-413-7755 28-MAY-2025 Deana Santedicola 416-413-7755 03-JUN-2025 Angela Gunn 416-413-7755 04-JUN-2025 Transcript requested (on an expedited basis) Comments: Recorded on TASCAM. Exhibit and ForID list attached to Hearing Notes. Parties' written closing submissions due Sunday, June 8, 2025 by 3 PM. Reply closing submissions due Monday, June 9, 2025 by noon. Minutes of Hearing entered in Vol. 1129 page(s) 147 - 176 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of William Boyer confirming service of Docs. 151 and 152 upon Defendant by email on 08-JUN-2025 filed on 08-JUN-2025
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 08-JUN-2025
CONFIDENTIAL Plaintiffs' Closing Submissions - 510 Patent filed on 08-JUN-2025
CONFIDENTIAL Plaintiffs' Closing Submissions - 276 Patent filed on 08-JUN-2025
Solicitor's certificate of service on behalf of Emily Kettel confirming service of Doc. 149 and ID 320 upon Plaintiff by email on 08-JUN-2025 filed on 08-JUN-2025
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 08-JUN-2025
CONFIDENTIAL Defendant's Closing Submissions filed on 08-JUN-2025
CONFIDENTIAL Transcript of Hearing held at Toronto on 3-JUN-2025 Sent directly to presiding Judge, 20 page(s) received on 04-JUN-2025
Transcript of hearing held at Toronto on 03-JUN-2025 received on 04-JUN-2025 Sent directly to presiding Judge 210 pages (including covering pages).
Transcript of hearing held at Toronto on 28-MAY-2025 received on 29-MAY-2025 Sent directly to presiding Judge 266 pages (including covering pages).
CONFIDENTIAL Transcript of Hearing held at Toronto on 27-MAY-2025 Sent directly to presiding Judge, 126 page(s) received on 28-MAY-2025
Transcript of hearing held at Toronto on 27-MAY-2025 received on 28-MAY-2025 Sent directly to presiding Judge 287 pages (including covering pages).
Order dated 16-MAY-2025 rendered by The Honourable Madam Justice Aylen Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 94 Result: dismissed Filed on 16-MAY-2025 copies sent to parties entered in J. & O. Book, volume 1727 page(s) 266 - 271 Interlocutory Decision
****** CANCELLED ****** Toronto 27-MAY-2025 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial in this action Result of Hearing: Adjourned until May 28, 2025 at 9:30 AM EST held in Court Senior Usher: JOHN GRISE Duration per day: 27-MAY-2025 from 09:35 to 16:10 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Manshu Li Total Duration: 6h 35min Appearances: CHRISTOPHER VAN BARR, WILLIAM BOYER, ANDREW MEDICO 613-233-1781 representing Plaintiffs (Gowling) DAVID TAIT, KENDRA LEVASSEUR, ANDREA LEE 416-362-1812 representing Plaintiffs (McCarthy) DOMINIQUE HUSSEY, EMILY KETTEL, MELISSA DIMILTA, VINCENT DE GRANDPRE, WILL BORTOLIN, THOMAS LAUR (416-863-1200) representing Defendant Court Reporter: ANGELA GUNN 416-413-7755 27-MAY-2025 Transcript requested (on an expedited basis) Comments: DARS recorded Minutes of Hearing entered in Vol. 1128 page(s) 428 - 428 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of Kendra Levasseur confirming service of Doc 146 upon Defendant by electronic mail on 26-MAY-2025 filed on 26-MAY-2025
Statement of Expert Qualifications on behalf of the Plaintiffs filed on 26-MAY-2025
Solicitor's certificate of service on behalf of Thomas Laur confirming service of Docs 142, 143, 144 upon Plaintiffs by email on 26-MAY-2025 filed on 26-MAY-2025
Statement of Expert Qualifications (Sue Wehner) on behalf of Defendant filed on 26-MAY-2025
Statement of Expert Qualifications (Dr. Andrew Paterson) on behalf of Defendant filed on 26-MAY-2025
Statement of Expert Qualifications (Dr. Douglas Nesta) on behalf of Defendant filed on 26-MAY-2025
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 23-MAY-2025 directing that the court is in receipt of the parties' jointly proposed trial schedule. The court has concerns regarding timing and parties shall be prepared to speak to the proposed schedule on Tuesday, May 27, 2025 placed on file on 23-MAY-2025 Confirmed in writing to the party(ies)
Letter from Plaintiffs, writing on consent of all parties dated 22-MAY-2025 advising court that parties have reached an agreement with respect to narrowing of issues received on 22-MAY-2025
Proposed Trial Calendar on behalf of the parties filed on 22-MAY-2025
CONFIDENTIAL Agreed Statement of Facts on behalf of the parties filed on 22-MAY-2025
Joint Statement of Issues on behalf of Plaintiffs filed on 22-MAY-2025
Order dated 23-MAY-2025 rendered by The Honourable Madam Justice Aylen Matter considered with personal appearance The Court's decision is with regard to Trial Management Conference Result: Witness Exclusion Order further to the parties' request on consent Filed on 23-MAY-2025 copies sent to parties entered in J. & O. Book, volume 1725 page(s) 249 - 250 Interlocutory Decision
Remote Trial Protocol issued by the Honourable Justice Aylen on 21-MAY-2025 Copy sent to the parties filed on 21-MAY-2025
Order dated 20-MAY-2025 rendered by The Honourable Madam Justice Aylen Matter considered without personal appearance The Court's decision is with regard to Trial Management Conference Result: Use of PowerPoint during opening submissions and examinations in-chief allowed as outlined within Order Filed on 20-MAY-2025 copies sent to parties entered in J. & O. Book, volume 1725 page(s) 245 - 248 Interlocutory Decision
Writ of Subpoena Ad Testificandum issued on 26-MAY-2025 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 26-MAY-2025 Tariff any other proceeding - $30.00
Toronto 21-MAY-2025 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial Management Conference Result of Hearing: Matter reserved held by way of Zoom teleconference (audio only) Duration per day: 21-MAY-2025 from 13:00 to 13:24 Courtroom : Toronto (Zoom) Court Registrar: Manshu Li Total Duration: 24min Appearances: WILLIAM BOYER / ANDREW MEDICO / DAVID TAIT / KENDRA LEVASSEUR (613-786-0159 / 613-786-3250 / 416-558-0396 / 647-355-2183) representing Plaintiffs DOMINIQUE HUSSEY / VINCENT DE GRANDPRE / EMILY KETTEL / MELISSA DIMILTA (416-777-6230 / 416-777-4802 / 416-777-4893 / 416-777-7448) representing Defendant Comments: Zoom recorded Minutes of Hearing entered in Vol. 1128 page(s) 385 - 385 Abstract of Hearing placed on file
Letter from Plaintiffs dated 20-MAY-2025 requesting extension of time to file the parties' a) Agreed Statement of Facts, b) Joint Statement of Issues, and c) Joint Book of Documents received on 20-MAY-2025
Solicitor's certificate of service on behalf of Andrew Medico confirming service of Doc 132 upon Defendant by email on 20-MAY-2025 filed on 20-MAY-2025
CONFIDENTIAL Sur-Reply Report of Dr. Douglas Kline on behalf of Plaintiffs filed on 20-MAY-2025
Letter from Plaintiffs dated 20-MAY-2025 enclosing agenda for Trial Management Conference on May 21, 2025 received on 20-MAY-2025
Letter from Plaintiffs dated 20-MAY-2025 advising the court on narrowing of issues, parties to update court on progress at Trial Management Conference on May 21, 2025 received on 20-MAY-2025
Toronto 16-MAY-2025 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial Management Conference Result of Hearing: Matter reserved held by way of video conference Duration per day: 16-MAY-2025 from 09:00 to 09:50 Courtroom : Toronto (Zoom) Court Registrar: Manshu Li Total Duration: 50min Appearances: WILLIAM BOYER (613-786-0159) representing Plaintiffs EMILY KETTEL / WILLIAM A. BORTOLIN (416-777-4893 / 416-777-4802) representing Defendant Comments: Zoom recorded Minutes of Hearing entered in Vol. 1128 page(s) 384 - 384 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of KENDRA LEVASSEUR confirming service of Doc 130 upon Defendant by email on 16-MAY-2025 filed on 16-MAY-2025
CONFIDENTIAL Trial Record consisting of 1 volume on behalf of Plaintiffs filed on 16-MAY-2025
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 15-MAY-2025 directing that the parties are granted an extension of time until May 20, 2025 4:00 PM EST to submit their proposed trial schedule placed on file on 15-MAY-2025 Confirmed in writing to the party(ies)
Letter from Plaintiffs, with consent on behalf of Defendant dated 15-MAY-2025 seeking a three (3) day extension of time to file the parties' jointly proposed trial schedule received on 15-MAY-2025
Letter from Plaintiffs dated 14-MAY-2025 regarding objections to Defendant's Fact Witness Affidavits received on 14-MAY-2025
Solicitor's certificate of service on behalf of Will Boyer confirming service of Doc 128 upon Defendant by email on 13-MAY-2025 filed on 13-MAY-2025
Motion Record in response to Motion Doc. No. 94 containing the following original document(s): 126 127 Number of copies received: 1 on behalf of Plaintiffs filed on 13-MAY-2025
Written Representations contained within a Motion Record on behalf of Plaintiffs concerning Motion Doc. No. 94 filed on 13-MAY-2025
Affidavit of Karhema Ettienne sworn on 13-MAY-2025 contained within a Motion Record on behalf of Plaintiffs in opposition to Motion Doc. No. 94 with Exhibits 1, 2, 3, 4, 5 filed on 13-MAY-2025
Letter from Plaintiffs, writing with consent of all parties dated 30-APR-2025 outlining courtroom and facilities requirements in advance of trial received on 30-APR-2025
Solicitor's certificate of service on behalf of EMILY KETTEL confirming service of Defendant's Sur-Reply Expert Report of Dr. Peter J. Kertes. upon Plaintiffs (Defendants by Counterclaim) by electronically on 20-MAY-2025 filed on 20-MAY-2025
Defendant Confidential Sur-Reply Expert Report of DR. PETER J. KERTES filed on 20-MAY-2025
Solicitor's certificate of service on behalf of Melissa Dimilta confirming service of the Objections to Demonstrative Evidence of the Defendant upon Plaintiff by e-mail on 19-MAY-2025 filed on 19-MAY-2025
Defendant's Objections to Plaintiffs' Notice of Demonstrative Evidence filed on 19-MAY-2025
Solicitor's certificate of service on behalf of Melissa Dimilta confirming service of Doc. 120 upon Plaintiff by email on 16-MAY-2025 filed on 16-MAY-2025
CONFIDENTIAL Notification of Objections to Plaintiffs' Fact Affidavits on behalf of Defendant filed on 16-MAY-2025
Subpeonas in blank filed on 15-MAY-2025
Subpeonas in blank filed on 15-MAY-2025
Subpeonas in blank filed on 15-MAY-2025
Subpeonas in blank filed on 15-MAY-2025
Subpeonas in blank filed on 15-MAY-2025
Request for Writ(s) of (5) Subpeonas on behalf of Plaintiff filed on 15-MAY-2025 Tariff any other proceeding - $30.00
Solicitor's certificate of service on behalf of Makda Yohannes confirming service of Doc. 112 upon Defendant by email on 12-MAY-2025 filed on 12-MAY-2025
DEFENDANT'S OBJECTIONS TO THE PLAINTIFFS' PROPOSED EXPERT QUALIFICATIONS filed on 12-MAY-2025
Written directions received from the Court: The Honourable Madam Justice Aylen dated 12-MAY-2025 directing that the May 14, 2025 motion hearing date has been vacated on consent of the parties. Timelines set out in direction with respect to proposed reply evidence filed on 12-MAY-2025 Confirmed in writing to the party(ies)
Letter from Plaintiffs dated 09-MAY-2025 Counsel writes on consent of both parties to inform court that pre-trial motions have been resolved and that the May 14, 2025 hearing date may be vacated received on 12-MAY-2025
Solicitor's certificate of service on behalf of Emily P. Kettel confirming service of Docs 105, 106, 107, 108, 109 upon Plaintiffs by email on 09-MAY-2025 filed on 09-MAY-2025
CONFIDENTIAL Fact Witness Affidavit of Giovanna Araus affirmed May 9, 2025 on behalf of Defendant filed on 09-MAY-2025
CONFIDENTIAL Fact Witness Affidavit of Brent Serson affirmed May 9, 2025 on behalf of Defendant filed on 09-MAY-2025
Fact Witness Affidavit of Anupa Chacko affirmed May 8, 2025 on behalf of Defendant filed on 09-MAY-2025
Fact Witness Affidavit of Mean Jee Kim affirmed May 9, 2025 on behalf of Defendant filed on 09-MAY-2025
Defendant's Outline of Intended Viva Voce Testimony of Fact Witnesses filed on 09-MAY-2025
Solicitor's certificate of service on behalf of Kendra Levasseur confirming service of Docs. 99 100 101 102 103 upon Defendant by email on 09-MAY-2025 filed on 09-MAY-2025
CONFIDENTIAL Evidence in Chief Affidavit of Christina Vincent (re Third-Party PM) filed on 09-MAY-2025
CONFIDENTIAL Evidence in Chief Affiavit of Christina Vincent (re Additonal Productions) filed on 09-MAY-2025
CONFIDENTIAL Evidence in Chief Affidavit of Nan Lin filed on 09-MAY-2025
CONFIDENTIAL Evidence in Chief Affidavit of Dr. Lorah Perlee filed on 09-MAY-2025
Plaintiffs' Outline of Intended Viva Voce Testimony of Fact Witnesses filed on 09-MAY-2025
Solicitor's certificate of service on behalf of Emily Kettel confirming service of Doc. 97 upon Plaintiff by email on 09-MAY-2025 filed on 09-MAY-2025
CONFIDENTIAL Motion Record on behalf of Defendant containing Docs. 94 95 96 filed on 09-MAY-2025
CONFIDENTIAL Written Representations on behalf of Defendnat in support of Motion Doc. 94 filed on 09-MAY-2025
CONFIDENTIAL Affidavit of Giovanna Araus affirmed 9-MAY-2025 on behalf of Defendant in support of Motion Doc. 94 with Exhibits A-M filed on 09-MAY-2025
CONFIDENTIAL Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 16-MAY-2025 to begin at 09:00 for an Order compelling the Plaintiffs to proudce the preivious Kline Report filed on 09-MAY-2025
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 07-MAY-2025 directing that "The following timetable shall apply to any motion brought by Amgen to strike the entirety of the report of Mr. North and any motion for production of expert reports from T-1241-22: (a) Moving motion record by 4:00 pm (Eastern) on May 9, 2025. (b) Responding motion record by 2:00 pm (Eastern) on May 13, 2025. (c) Motion(s) shall be heard by Zoom video-conference on May 16, 2025 commencing at 9:00 am (Eastern)_for a maximum duration of three hours. The parties shall, by no later than May 16, 2025, provide the Court with: (a) a proposed Remote Trial Protocol; (b) a draft order or agreement regarding the use of PowerPoints during examinations in chief; (c) a proposed order for the exclusion of witnesses; and (d) a draft order or agreement regarding the use of any documents during opening statements. Subject to any further order or direction of the Court, written closing statements shall be no longer than 50 pages in length and shall be served and filed by no later than 12:00 pm (Eastern) on June 9, 2025. The parties shall file responding written closing statements of a maximum length of 10 pages by no later than 10:00 am (Eastern) on June 10, 2025. A further trial management conference shall be held, by Zoom (audio only), on May 21, 2025 commencing at 1:00 pm (Eastern). The parties shall provide the Court with an agenda of the items they wish to discuss by no later than 4:00 pm (Eastern) on May 20, 2025." placed on file on 07-MAY-2025 Confirmed in writing to the party(ies)
Ottawa 07-MAY-2025 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial Management Conference Result of Hearing: Matter reserved held by Zoom (audio only) Duration per day: 07-MAY-2025 from 02:00 to 02:39 Courtroom : Ottawa (Zoom) Court Registrar: Mariana Rilko Alvarenga Total Duration: 39min Appearances: Mr. Tait +1 416-601-7717 representing Plaintiff Mr. Boyer and Mr. Van Barr +1 613-786-0159 representing Plaintiff Ms. Kettel and Ms. Hussey 416.777.4893 representing Defendant Minutes of Hearing entered in Vol. 1128 page(s) 232 - 234 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to Direction of the Court dated May 6, 2025 placed on file on 07-MAY-2025
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 06-MAY-2025 directing that "The Court is in receipt of the parties' jointly-proposed agenda for the upcoming trial management conference. While any remaining pre-trial motions are to be discussed at the trial management conference, in the event that Amgen seeks to bring a motion (a) for production of the claims construction portions of expert reports from T-1241-22; and/or (b) to strike the North report and portions of the Wong report, Amgen shall be prepared to serve and file their complete motion records by no later than 4:00 pm (Eastern) on May 9, 2025 and the Plaintiffs shall be prepared to serve and file their complete responding motion materials early the following week. The Court is presently available to hear these motions on May 15 and 16, 2025 only." placed on file on 06-MAY-2025 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 05-MAY-2025 listing agenda items for discussion for TMC May 7, 2025 received on 05-MAY-2025
Communication to the Court from the Registry dated 05-MAY-2025 re: I placed the letter and objections to the in-chief and responding expert reports and two motions to file reply evidence before the Court.
Solicitor's certificate of service on behalf of Emily Kettel confirming service of Motion Record of Defendant (Amgen's Motion for Leave to File Reply Expert upon Plaintiff by email on 02-MAY-2025 filed on 02-MAY-2025
Motion Record containing the following original document(s): 89 90 91 Number of copies received: 1 on behalf of Defendant filed on 02-MAY-2025
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 89 filed on 02-MAY-2025
Affidavit of Giovanna Araus sworn on 02-MAY-2025 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 89 with Exhibits A-D filed on 02-MAY-2025
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Ottawa on 14-MAY-2025 to begin at 09:30 for an Order granting leave to Amgen to file the Reply Expert Report of Douglas Nesta, PhD filed on 02-MAY-2025
Covering letter from Plaintiff dated 02-MAY-2025 concerning Doc. No. 84 placed on file on 02-MAY-2025
Solicitor's certificate of service on behalf of Andrew Medico confirming service of Plaintiffs' OCEO Motion Record (Plaintiffs' Motion for Leave to File Reply Evidence). upon Defendant by email on 02-MAY-2025 filed on 02-MAY-2025
Motion Record containing the following original document(s): 84 85 86 Number of copies received: 1 on behalf of **CONFIDENTIAL** Plaintiffs filed on 02-MAY-2025
Affidavit of XXXXX sworn on 01-SEP-2023 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 84 with Exhibits A-J filed on 02-MAY-2025
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 84 filed on 02-MAY-2025
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Ottawa on 14-MAY-2025 to begin at 09:30 for leave of the Court to introduce the expert report of XX. XXXX and XX. XXXX as reply evidence during the trial of this action... filed on 02-MAY-2025
OBJECTIONS TO AMGEN'S RESPONDING EXPERT REPORTS filed on 01-MAY-2025
OBJECTIONS TO AMGEN'S EXPERT REPORTS filed on 01-MAY-2025
Notification of Objections to Expert Report of Dr. David Wong filed on 01-MAY-2025
Notification of Objections to Expert Report of Dr. Diether Lamberchats filed on 01-MAY-2025
Notification of Objections to Expert Report of Dr. Douglas Kline filed on 01-MAY-2025
Notification of Objections to Responding Expert Report of Dr. David Wong filed on 01-MAY-2025
Notification of Objections to Responding Expert Report of Dr. Diether Lambrechats filed on 01-MAY-2025
Notitifcation of Objections to Expert Report of Dr. Douglas Kline filed on 01-MAY-2025
Notification of Objections to Responding Expert Report of Dr. David Wong filed on 01-MAY-2025
Notification of Objections to Responding Expert Report of Dr. Diether Lambrechts filed on 01-MAY-2025
Notification of Objections to Responding Expert Report of Dr. Douglas Kline filed on 01-MAY-2025
Notification of Objections to Expert Report of Stanley North filed on 01-MAY-2025
Covering letter from Plaintiffs (on consent) dated 01-MAY-2025 concerning their objections to the in-chief and responding expert reports placed on file on 01-MAY-2025
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 25-APR-2025 directing that "The parties shall, by no later than May 1, 2025, file their objections to the in-chief and responding expert reports." placed on file on 25-APR-2025 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 22-APR-2025 re: I placed letter dated April 18, 2025 before the Court.
Letter from Plainitffs (on consent) dated 18-APR-2025 confirming what claims from each patent and what grounds of invalidity remain at issue in this proceeding. received on 18-APR-2025
Acknowledgment of Receipt received from both parties with respect to the Direction dated April 10 2025 placed on file on 10-APR-2025
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 10-APR-2025 directing that "The Court is in receipt of the submissions of the parties regarding Amgen's request for a determination in advance of trial regarding the admissibility of the report of Mr. North and the admissibility of a portion of the report of Dr. Wong. Having reviewed the reports and the parties' submissions, the Court is not presently inclined to make a determination regarding the admissibility of this evidence in advance of trial. The parties may revisit this issue during the trial management conference on May 7, 2025. As responding expert reports are being exchanged later this week, the parties will be in a position to confirm what claims from each patent and what grounds of invalidity remain at issue in this proceeding. Accordingly, the parties shall, by no later than April 18, 2025, confirm same with the Court. " placed on file on 10-APR-2025
Communication to the Court from the Registry dated 10-APR-2025 re: CONFIDENTIAL Exhibits placed before the Court
CONFIDENTIAL Exhibits of Mr. North's and Dr. Wong's expert reports. placed on file on 09-APR-2025
Communication to the Court from the Registry dated 08-APR-2025 re: I placed all letters before the Court
Solicitor's certificate of service on behalf of MICHAEL BURGESS confirming service of a letter dated April 7, 2025 and copies of the expert reports of Dr. Wong (without exhibits) and Mr. North (without exhibits) upon Defendant by email on 07-APR-2025 filed on 07-APR-2025
CONFIDENTIAL copy of the expert report of Dr. Wong (excluding exhibits) filed on 07-APR-2025
CONFIDENTIAL copy of the expert report of Mr. North (excluding exhibits) filed on 07-APR-2025
Letter from the Plaintiff CONFIDENTIAL dated 07-APR-2025 A confidential letter from the plaintiffs in response to the defendant's objections to the expert report of Mr. North and portions of the expert report of Dr. Wong. received on 07-APR-2025
Letter from Plaintiff dated 04-APR-2025 "The parties write jointly pursuant to Justice Aylen's Order dated June 27, 2024 at paragraph 7 instructing the parties to file a Confidentiality Order for trial on consent. The parties confirm that Justice Aylen issued the enclosed Confidentiality Order on August 12, 2024 for trial for this action. ..." received on 04-APR-2025
Solicitor's certificate of service on behalf of EMILY KETTEL confirming service of the Letter to the Court upon Plaintiff by email on 03-APR-2025 filed on 03-APR-2025
Letter from Confidential (Defendant) dated 03-APR-2025 addressing the basis for their objections as to the admissibility of this evidence, ... received on 03-APR-2025
Communication to the Court from the Registry dated 03-APR-2025 re: I placed the letter dated April 3, 2025 before the Court.
Letter from Plaintiff (on consent) dated 03-APR-2025 providing a letter with a status update. received on 03-APR-2025
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 31-MAR-2025 directing that "The Court is in receipt of Amgen's letter dated March 28, 2025, seeking a determination in advance of trial in relation to its objections to the admissibility of the entirety of the expert reports of Mr. Stanley North and portions of the expert report of Dr. David Wong. Amgen shall, by no later than April 3, 2025, serve and file a letter addressing the basis for their objections as to the admissibility of this evidence, as an explanation as to why an admissibility determination should be made in advance of trial. To the extent required, the letter may be filed on a confidential basis. The Plaintiffs shall, by no later than April 7, 2025, serve and file a response to Amgen's letter setting out the Plaintiffs' position, together with a copy of the two reports at issue. To the extent required, all of the materials may be filed a confidential basis. If necessary, the Court will then schedule an earlier trial management conference." placed on file on 31-MAR-2025 Confirmed in writing to the party(ies)
Letter from Defendant dated 28-MAR-2025 informing they would be please to attend an earlier TMC to address Amgne's objections and providing their availability for so. received on 28-MAR-2025
Memorandum to file from Mariana Rilko dated 28-MAR-2025 Justice Aylen has granted the extension sought in letter dated March 28, 2025, and the parties were informed of that. placed on file.
Letter from Plaintiffs (on consent) dated 28-MAR-2025 requesting a one-week extension to provide a status update to the Court. received on 28-MAR-2025
Acknowledgment of Receipt received from all parties with respect to Direction of March 24, 2025 placed on file on 24-MAR-2025
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 24-MAR-2025 directing that "The parties shall, by no later than March 28, 2025, provide the Court with a status update, including whether they remain on track for the remaining steps leading to trial." placed on file on 24-MAR-2025 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from all parties with respect to Direction of the Court dated February 3, 2025 placed on file on 03-FEB-2025
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 03-FEB-2025 directing that "On the consent of the parties, the timetable for this proceeding is amended as follows: (a) The deadline for service of infringement expert reports and invalidity expert reports is extended to February 28, 2025. (b) The deadline for service of any objections to infringement expert reports and invalidity expert reports is extended to March 14, 2025. The following timetable shall apply to the follow-up discovery: (a) Written questions shall be exchanged by February 4, 2025. (b) Answers to written questions shall be exchanged by February 19, 2025." placed on file on 03-FEB-2025 Confirmed in writing to the party(ies)
Letter from Plaintiff (on consent) dated 31-JAN-2025 proving new dates changes for the scheduling. received on 31-JAN-2025
Copy of Notice of Appeal (Appeal Court File No. A-31-25 ) appealing Order by the Court (Aylen,J.) dated 20-NOV-2024 filed in the Court of Appeal on 24-JAN-2025 on behalf of Appellant placed on file on 29-JAN-2025
Certified French language Translation of Public Order and Reasons rendered on 04-DEC-2024 by The Honourable Madam Justice Aylen filed on 27-JAN-2025 pursuant to s. 20 of the Official Languages Act.
Acknowledgment of Receipt received from all parties with respect to 2 Orders of the Court dated January 14 2025 placed on file on 14-JAN-2025
Order dated 14-JAN-2025 rendered by The Honourable Mr. Justice Duchesne Matter considered without personal appearance The Court's decision is with regard to Directions of the Court dated 20-DEC-2024 Result: Please see attachment for full details Filed on 14-JAN-2025 copies sent to parties entered in J. & O. Book, volume 1698 page(s) 304 - 308 Interlocutory Decision
Order dated 14-JAN-2025 rendered by The Honourable Mr. Justice Duchesne Matter considered without personal appearance The Court's decision is with regard to Directions of the Court dated 20-DEC-2024 Result: Please see attachment for full details Filed on 14-JAN-2025 copies sent to parties entered in J. & O. Book, volume 1698 page(s) 285 - 290 Interlocutory Decision
Draft Order on behalf of the Plaintiffs' concerning motion to compel heard on December 11, 2024 received on 10-JAN-2025
Communication to the Court from the Registry dated 10-JAN-2025 re: I placed the Defendant's draft Order before the Court.
Draft Order concerning motion to compel heard on December 12, 2024 received on 10-JAN-2025
DOWNLOAD Oral directions received from the Court: The Honourable Mr. Justice Duchesne dated 20-DEC-2024 directing that ..."The Deadline for the submission of draft Orders arising from the motions to compel in docket no. T-2137-23 is January 10, 2025."... placed on file on 20-DEC-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 20-DEC-2024 re: I placed the letter dated December 20, 2024 before the Court
Letter from Defendant (on consent) dated 20-DEC-2024 requesting direction from the Court on when the draft orders should be submitted and other items. received on 20-DEC-2024
Acknowledgment of Receipt received from all parties with respect to Order dated December 12, 2024 placed on file on 12-DEC-2024
Order dated 12-DEC-2024 rendered by The Honourable Mr. Justice Duchesne Matter considered with personal appearance The Court's decision is with regard to Oral motion on December 11 and 12, 2024 Result: "The Defendants' motion for particulars shall be heard during the week of January 27, 2025, on a date, at a time, by a method of hearing, and a location, as the case may be, to be set out in a subsequent Order...." Filed on 12-DEC-2024 copies sent to parties entered in J. & O. Book, volume 1691 page(s) 268 - 273 Interlocutory Decision
Ottawa 12-DEC-2024 BEFORE The Honourable Mr. Justice Duchesne Language: E Before the Court: Oral motion Confidential Defendant's motion to compel Result of Hearing: Matter reserved held in Court Senior Usher: Richard Carisse Duration per day: 12-DEC-2024 from 09:30 to 11:37 Courtroom : Courtroom No. 720 - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 2h7min Appearances: Ms. Dimilta and Ms. Kettel - representing Defendant Ms. Cekic, Ms. Wasserman, Mr. Boyer - representing Plaintiff Draft Decision to be submitted by all parties by January 12, 2025 Minutes of Hearing entered in Vol. 1122 page(s) 314 - 323 Abstract of Hearing placed on file
Ottawa 11-DEC-2024 BEFORE The Honourable Mr. Justice Duchesne Language: E Before the Court: Oral motion CONFIDENTIAL Plaintiff's motion to compel Result of Hearing: Matter reserved held in Court Senior Usher: Richard Carisse Duration per day: 11-DEC-2024 from 09:30 to 04:37 Courtroom : Courtroom No. 720 - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 7h7min Appearances: Ms. Cekic, Mr. Medico, Ms. Wasserman and Ms. Levasseur 1 613 786 3250 representing Plaintiff Ms. Dimilta and Mr. Laur 416 777 7448 representing Defendant Draft Decision to be submitted by the parties within 10 days of the hearing Minutes of Hearing entered in Vol. 1122 page(s) 258 - 267 Abstract of Hearing placed on file
Confidential letter in regards to the motion returnable on December 12, 2024 received on 10-DEC-2024
Letter from Plaintiff dated 10-DEC-2024 in response to the Defendant's letter dated December 9, 2024 received on 10-DEC-2024
Letter from Defendant dated 09-DEC-2024 CONFIDENTIAL - requesting the Court to not accept the Plaintiffs' revised material provided to the Court on December 6, 2024, and instead refer to the Plaintiffs' complete moving materials filed on November 22, 2024. received on 09-DEC-2024
Confidential materials from the parties to be heard on December 11-12, 2024. filed on 22-NOV-2024
Copy of Notice of Appeal (Appeal Court File No. A-402-24 ) appealing Order of Aylen, J. dated 20-NOV-2024 filed in the Court of Appeal on 29-NOV-2024 on behalf of Plaintiffs/Defendants by Counterclaim placed on file on 09-DEC-2024
Confidential Letter to the Court, Plaintiffs' Moving Chart/Submissions and Defendant's Responding Positions, and Solicitor's Certificate. placed on file on 06-DEC-2024
Letter from Defendant dated 06-DEC-2024 providing a list of resolved objections for the motion to compel returnable on December 12, 2024 received on 06-DEC-2024
Acknowledgment of Receipt received from all parties with respect to Doc. No. 62 Public Order and Reason dated 04-DEC-2024 placed on file on 04-DEC-2024
PUBLIC ORDER AND REASONS dated 04-DEC-2024 rendered by The Honourable Madam Justice Aylen Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 23 Result: granted Filed on 04-DEC-2024 copies sent to parties entered in J. & O. Book, volume 1690 page(s) 102 - 132 Interlocutory Decision
Letter from Plaintiff dated 03-DEC-2024 "We write in respect of Justice Aylen's Confidential Order and Reasons issued on November 20, 2024. Both parties confirm that the decision does not contain information designatedc onfidential by either party. ..." received on 03-DEC-2024
Memorandum to file from Chantal Baumberger dated 27-NOV-2024 I placed all Confidential Motion record from both parties in Themis placed on file.
CONFIDENTIAL ORDER AND REASONS dated 20-NOV-2024 rendered by The Honourable Madam Justice Aylen Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 23 Result: granted Filed on 20-NOV-2024 copies sent to parties entered in J. & O. Book, volume 1687 page(s) 149 - 178 Interlocutory Decision
Acknowledgment of Receipt received from all parties with respect to Direction updated Nov 13th placed on file on 13-NOV-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 13-NOV-2024 directing that "Further to the Defendant's request that the Court reschedule the summary trial motion on the 510 Patent, the Court's Direction issued August 13, 2024 clearly provided that it was only once the examinations for discovery are completed that a party may request a TMC to discuss the potential rescheduling of the summary trial motion. The examinations for discovery have not been completed. At a minimum, there are outstanding refusals motions scheduled to be heard on December 11 and 12, 2024 and depending on the relief granted (if any),there may be further answers to be delivered and possibly further examinations. As such, the Court will not schedule a TMC at this time to discuss the possible rescheduling of the summary trial motion." placed on file on 13-NOV-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 13-NOV-2024 re: I placed the letter dated November 12, 2024 before the Court.
Letter from Plaintiff dated 12-NOV-2024 providing two updates to their November 8, 2024 letter and their mutual availability for a virtual TMC/CMC. received on 12-NOV-2024
Communication to the Court from the Registry dated 08-NOV-2024 re: I placed the letter dated October 31, 2024 before the Court.
Letter from Plaintiff dated 08-NOV-2024 in response to the Defedant's letter dated October 31, 2024. received on 08-NOV-2024
Ottawa 01-NOV-2024 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Motion Doc. No. 23 on behalf of Defendant delisting the 3,007,276 Patent Result of Hearing: Matter reserved held by way of video conference Duration per day: 01-NOV-2024 from 09:30 to 03:00 Courtroom : Ottawa (Zoom) Court Registrar: Brigitte Cyr Total Duration: 5.5hr Appearances: William Boyer 613-233-1781 representing Plaintiff David Tait 416.362.1812 representing Plaintiff James Holtom 416.362.1812 representing Plaintiff Kendra Levasseur 416.362.1812 representing Plaintiff Dominique Hussey 416.863.1200 representing Defendant Melissa Dimilta 416.863-1200 representing Defendant William Bortolin 416.863.1200 representing Defendant Comments: Recorded via Zoom Minutes of Hearing entered in Vol. 1120 page(s) 378 - 380 Abstract of Hearing placed on file
Plaintiff's Daybook consisting of 1 volume(s) prepared by Plaintiff filed on 01-NOV-2024 Copy sent to all parties 1 judges' copies stored in Ottawa
Solicitor's certificate of service on behalf of Melissa Dimilta confirming service of Compendium upon Plaintiff by email on 31-OCT-2024 filed on 31-OCT-2024
defendant's compendium with indication of service upon Plaintiff on 31-OCT-2024 filed on 31-OCT-2024
Joint Book of Authorities consisting of 1 volume(s) on behalf of all parties Filed on 31-OCT-2024
Covering letter from Defendant dated 31-OCT-2024 concerning joint book of authorities placed on file on 31-OCT-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 31-OCT-2024 directing that "The Court is in receipt of Amgen's letter of today¿s date looking to set new hearing dates for a summary trial on the 520 Patent and asking that this matter be addressed at tomorrow's delisting motion. The Court will not be doing so. Rather, the parties' availability for a further TMC/CMC will be canvassed tomorrow so that this matter can be fully addressed in due course and only after the Plaintiffs have had the opportunity to provide the Court with similarly detailed submissions as those provided in Amgen's unsolicited submissions of today's date. placed on file on 31-OCT-2024
Letter from Defendant dated 31-OCT-2024 requesting the re-scheduling of the summary trial and providing reasons for the request. received on 31-OCT-2024
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 30-OCT-2024 directing that " The parties shall be prepared to address the issue of costs..." placed on file on 30-OCT-2024 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated October 16, 2024 placed on file on 16-OCT-2024
Solicitor's certificate of service on behalf of James Holtom confirming service of Doc.55 upon Defendant by email on 25-OCT-2024 filed on 28-OCT-2024
Motion Record in response to Motion Doc. No. 23 Number of copies received: 1 on behalf of Plaintiff filed on 25-OCT-2024 with proof of service on Defendant on 25-OCT-2024
Order dated 16-OCT-2024 rendered by Associate Judge Benoit Duchesne Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff (on consent) dated 09-OCT-2024 Result: "The Plaintiffs' motion to compel shall be heard in person at the Court located at 90 Sparks Street, Ottawa, Ontario, December 11, 2024, commencing at 9:30 am and ending at 4:30 pm..." Filed on 16-OCT-2024 copies sent to parties entered in J. & O. Book, volume 1680 page(s) 489 - 495 Interlocutory Decision
Solicitor's certificate of service on behalf of Melissa Dimilta confirming service of Defendant's Motion to Delist CA 3,007,276, Motion returnable November 1, 2024 upon Plaintiff by email on 09-OCT-2024 filed on 09-OCT-2024
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 09-OCT-2024
Motion Record containing the following original document(s): 23 45 46 47 48 49 51 Number of copies received: 1 on behalf of Defendant (CONFIDENTIAL) filed on 09-OCT-2024
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 23 filed on 09-OCT-2024
****** REMOVED ****** Affidavit of CONFIDENTIAL sworn on 18-SEP-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits 1 filed on 09-OCT-2024
Affidavit of CONFIDENTIAL sworn on 14-AUG-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A filed on 09-OCT-2024
Affidavit of CONFIDENTIAL sworn on 16-AUG-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A-E filed on 09-OCT-2024
Affidavit of CONFIDENTIAL sworn on 26-AUG-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A-N filed on 09-OCT-2024
Affidavit of CONFIDENTIAL sworn on 28-JUN-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A-H filed on 09-OCT-2024
Affidavit of CONFIDENTIAL sworn on 27-JUN-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A-C filed on 09-OCT-2024
Communication to the Court from the Registry dated 09-OCT-2024 re: I placed the letter dated October 9, 2024, before the Court.
Letter from Plaintiff (on consent) dated 09-OCT-2024 informing the parties' availability for motions to comepel pursuant to the Order dated August 19, 2024. received on 09-OCT-2024
Communication to the Court from the Registry dated 03-OCT-2024 re: I placed the letter dated October 2, 2024 before the Court.
Letter from Defendant dated 02-OCT-2024 in opposition to the statements made in the Plaintiffs' letter dated September 30, 2024. received on 02-OCT-2024
Communication to the Court from the Registry dated 01-OCT-2024 re: I placed the Plainitffs' letter dated September 30, 2024 before the Court.
Letter from Plaintiff dated 30-SEP-2024 informing that there is no need for the Plainitff's proposed interlocutory injunction motion (November 21, 22, 23, 2024) and these dates can be vacated. received on 30-SEP-2024
Memorandum to file from Mariana Rilko dated 25-SEP-2024 As per Justice Aylen's instructions, the amendment to the timetable of the delist motion is accepted to the Court (ID 126). placed on file.
Letter from Defendant (on consent) dated 24-SEP-2024 requesting an amendment to the delist motion timetable. received on 24-SEP-2024
Communication to the Court from the Registry dated 05-SEP-2024 re: I placed the letter dated September 5, 2024 before the Court.
Letter from Plaintiff (on consent) dated 05-SEP-2024 in response to the Direction of the Court dated September 4, 2024. The Minister is on notice of the Defendant¿s motion to delist. received on 05-SEP-2024
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 04-SEP-2024 directing that "As the parties are aware, pursuant to section 6.07(2) of the PMNOC Regulations, the Minister has the right to intervene on any motion to delist brought pursuant to section 6.07(1). Having reviewed the Solicitor's Certificate of Service for the Notice of Motion and supporting affidavits, it does not appear that the Minister was served with the motion materials and there is no evidence in the Court file to suggest that the Minister is otherwise on notice of the motion. The parties shall, by no later than September 6, 2024, advise the Court whether the Minister in on notice of the motion and if not, why not." placed on file on 04-SEP-2024
Memorandum to file from Mariana Rilko (Ottawa) dated 30-AUG-2024 I replaced the Confidential Affidavit of Dr. David Wong filed on August 16, 2024 with the Confidential Affidavit of Dr. David Wong dated August 26, 2024 pursuant to Associate Judge Duchesne's direction after receiving the letter dated August 30, 2024, in which the Plaintiff requests this replacement with the Defendant's consent. placed on file.
Solicitor's certificate of service on behalf of Kendra Levasseur confirming service of Confidential affidavit of Dr. David Wong dated August 26, 2024 upon Defendant by email on 30-AUG-2024 filed on 30-AUG-2024
Communication to the Court from the Registry dated 30-AUG-2024 re: I placed the letter dated August 30, 2024, before the Court.
Letter from Plaintiff dated 30-AUG-2024 informing that the affidavit of Dr. David Wong filed on August 16, 2024, contained a clerical error. Plaintiffs' counsel request leave of the Court to file a revised affidavit to replaced the version filed on August 16, 2024 The re-affirmed version was served and the Defendant consents to its filing. received on 30-AUG-2024
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated August 19, 2024 placed on file on 19-AUG-2024
Order dated 19-AUG-2024 rendered by Associate Judge Benoit Duchesne Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff (on consent) dated 16-AUG-2024 Result: granted Filed on 19-AUG-2024 copies sent to parties entered in J. & O. Book, volume 1671 page(s) 286 - 295 Interlocutory Decision
Communication to the Court from the Registry dated 19-AUG-2024 re: I placed the confidential affidavits from August 16, 2024 before the Court.
Solicitor's certificate of service on behalf of Kendra Levasseur confirming service of Affidavits of Dr. Nan Lin, Dr. Diether Lambrechts and Dr. David Wong upon Defendant by email on 16-AUG-2024 filed on 16-AUG-2024
Affidavit of Nan Lin (CONFIDENTIAL) sworn on 14-AUG-2024 on behalf of Plaintiff responding affidavits pursuant to the June 17, 2024 direction with Exhibits A filed on 16-AUG-2024
Affidavit of Dr. Diether Lambrechts (CONFIDENTIAL) sworn on 16-AUG-2024 on behalf of Plaintiff responding affidavits pursuant to June 17, 2024 direction with Exhibits A-E filed on 16-AUG-2024
Affidavit of Dr. David Wong (CONFIDENTIAL) sworn on 16-AUG-2024 on behalf of Plaintiff responding affidavit pursuant to the June 17, 2024 direction with Exhibits A-N filed on 16-AUG-2024
Communication to the Court from the Registry dated 16-AUG-2024 re: I emailed Letter ID 109 and Draft Order ID 110 to the Court (AJ Duchesne)
Draft Order concerning Letter ID 109 received on 16-AUG-2024
Letter from Plaintiff (on consent) dated 16-AUG-2024 Further the CMC and Direction of Justice Aylen dated August 13, 2024 (...) Providing proposed timetable with draft order (...) received on 16-AUG-2024
Acknowledgment of Receipt received from all parties with respect to Direction dated August 13, 2024 placed on file on 13-AUG-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 13-AUG-2024 directing that "Further to the case management conference held August 13, 2024, the current timetable applicable to the Defendant's summary trial motion (including the November 12-13 and December 19, 2024 hearing dates) is hereby vacated. Once the examinations for discovery have been completed, the parties may request a trial management conference to discuss the potential rescheduling of the the summary trial motion. At this time, the Court will not setting a schedule for the hearing of the Plaintiffs' motion commenced by Notice of Motion dated July 30, 2024. To the extent that there is any motion that must be brought to the Court related to confidentiality issues relevant to the samples, the motion shall be served and filed by no later than August 20, 2024, together with a jointly-proposed timetable for the delivery of responding motion records and the availability of parties for the hearing of the motion. The parties shall, by no later than August 16, 2024, provide a jointly-proposed timetable for the completion of discoveries in each of T-2137-23, T-1917-23, T-1918-23, T-1919-23 and T-1921-23, which shall include the dates for the completions of each examination, dates for delivery of answers to undertakings, dates for the availabilities of the parties for the hearing of any refusals motions." placed on file on 13-AUG-2024
Acknowledgment of Receipt received from all parties with respect to Doc.No. 29: Confidentiality Order placed on file on 12-AUG-2024
Ottawa 13-AUG-2024 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Case Management Conference Result of Hearing: Matter reserved held by Zoom Duration per day: 13-AUG-2024 from 03:00 to 04:03 Courtroom : Ottawa (Zoom) Court Registrar: Mariana Rilko Alvarenga Total Duration: 1h3min Appearances: Mr. Van Barr +1 613-786-8675 representing Plaintiff Mr. Tait t. +1 416-601-7717 representing Plaintiff Ms. Hussey and Ms. Kettel t. +1 416-601-7717 representing Defendant Comments: Associate Judge Duchesne was also present and a direction will follow Minutes of Hearing entered in Vol. 1117 page(s) 377 - 378 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of MELISSA M. DIMILTA confirming service of doc 30-33, 35, 36 upon Plaintiff by email on 13-AUG-2024 filed on 13-AUG-2024
Solicitor's certificate of service on behalf of MELISSA M. DIMILTA confirming service of doc 34 upon Plaintiff by email on 13-AUG-2024 filed on 13-AUG-2024
Affidavit of HARUN OZBAKIR (CONFIDENTIAL) sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-E filed on 12-AUG-2024
Affidavit of BEN WRIGHT (CONFIDENTIAL) sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-D filed on 12-AUG-2024
Affidavit of DOUGLAS NESTA (CONFIDENTIAL) sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-Q filed on 12-AUG-2024
Affidavit of JENNIFER ARMSTRONG (CONFIDENTIAL) sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-T filed on 12-AUG-2024
Affidavit of GIORGIO CARTA (CONFIDENTIAL) sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-C filed on 12-AUG-2024
Affidavit of ANDREA BOLANOS (CONFIDENTIAL) sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-E filed on 12-AUG-2024
Affidavit of GIOVANNA ARAUS sworn on 19-JUL-2024 on behalf of Defendant in support of Motion Doc. No. 19 with Exhibits A-I filed on 12-AUG-2024
Letter from Plaintiff dated 13-AUG-2024 Confidential letter in response to the Defendant's August 9, 2024 letter. received on 12-AUG-2024
Confidentiality Order for Trial dated 12-AUG-2024 rendered by The Honourable Madam Justice Aylen Matter considered without personal appearance The Court's decision is with regard to Letter from the Defendant (on consent) dated 09-AUG-2024 Result: THIS COURT ORDERS that: 1. For the purposes of this Order:...(see e-copy) Filed on 12-AUG-2024 copies sent to parties entered in J. & O. Book, volume 1669 page(s) 349 - 360 Interlocutory Decision
Communication to the Court from the Registry dated 09-AUG-2024 re: Letter (ID 92) sent to Court
Letter from the Defendant ( with consent) dated 09-AUG-2024 requesting to be relieved from the requirement to bring a formal motion for the the issuance of a Confidentiality Order,...(see e-copy) received on 09-AUG-2024
Communication to the Court from the Registry dated 09-AUG-2024 re: I emailed the letter dated August 9, 2024 to the Court.
Letter from Defendant dated 09-AUG-2024 in response of the August 6 Direction of Justice Aylen provindg their position in regarding the matters raised by the Plaintiffs' notice of motion dated July 30, 2024. received on 09-AUG-2024
Communication to the Court from the Registry dated 07-AUG-2024 re: I have sent to the Court the letter requesting an extension of time to file the Draft confidentiality Order. (the Court has granted the request)
Letter from Defendant dated 06-AUG-2024 letter requesting an extension of time to file the Draft Confidentiality Order to August 9, 2024. received on 07-AUG-2024
Acknowledgment of Receipt received from both parties with respect to the Direction dated August 6, 2024 placed on file on 06-AUG-2024
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 06-AUG-2024 directing that "The Court is in receipt of the Plaintiffs' letter dated July 30, 2024 and accompanying proposed Notice of Motion. Having reviewed the issues raised and relief sought in the proposed Notice of Motion, the Court is satisfied that these matters are largely matters that can be addressed and determined at a case management conference. Accordingly, a case management conference shall be held, by Zoom (audio-only), on August 13, 2024 commencing at 3:00 pm (Eastern) for a maximum duration of one hour. Both the Case Management Judge and the Trial Judge will be in attendance. The Defendant shall, by no later than August 9, 2024 at noon (Eastern), provide their position regarding these matters, including the nature of the 1,000 pages of recent productions, the status of the examinations for discovery (including in relation to the new productions), the date for delivery of a supplemental affidavit of documents, the date for delivery of samples to the Plaintiffs and the amount of time required for the summary trial motion in light of the fact that the Defendant alone has produced seven affidavits." placed on file on 06-AUG-2024
Letter from Plaintiff dated 02-AUG-2024 informing that the parties are available for a CMC on Augst 9, 12 (afternoon only), 13, 14, 15 (afternoon only), or 16, 2024, to discuss schedulling of the Plaintiff's notice of motion dated July 30, 2024. received on 02-AUG-2024
Communication to the Court from the Registry dated 30-JUL-2024 re: I emailed the notice of motion, the proof of service and letter to Justice Aylen and AJ Duchesne. Awaiting the parties' availability for a CMC.
Covering letter from Plaintiff dated 30-JUL-2024 concerning Doc. Nos. 27 28 placed on file on 30-JUL-2024
Solicitor's certificate of service on behalf of Will Boyer confirming service of Notice of Motion of the Plaintiffs (Motion for Discovery and to Adjourn Defendant's Summary Trial) upon Defendant by email on 29-JUL-2024 filed on 30-JUL-2024
DOWNLOAD Notice of Motion on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order requiring the Defendant to produce a representative to be examined for discovery on this behalf in relation to the documents by the Defendant on and after July 19, 2024;(...) and dismissing the Defendant's motion for summary trial in relation to Canadian Patent No. 2,654,510 currently scheduled to be heard November 12-13 and December 19, 2024 on the basis that the matter is not suitable for summary trial... filed on 30-JUL-2024
Acknowledgment of Receipt received from all parties with respect to Direction of the Court July 17, 2024 placed on file on 17-JUL-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 17-JUL-2024 directing that "The Court understands that the parties intend to file affidavits in relation to the motion for summary trial that contain information that is protected by the Protective Order issued in this matter and that the parties are working on preparing a jointly-proposed confidentiality order in relation to the filing of such affidavits. The deadlines for filling of the parties' respective affidavits are hereby suspended, pending the Court's consideration of the jointly-proposed confidentiality order, which shall be filed with the Court by no later than August 5, 2024. The deadlines for service of the parties' respective affidavits remain unchanged." placed on file on 17-JUL-2024
Communication to the Court from the Registry dated 17-JUL-2024 re: I emailed Justice Aylen and Associate Judge Duchesne the letter of July 16.
Letter from Defendant (on consent) dated 16-JUL-2024 requesting that the parties to serve affidavit evidence and allow these materials to be field with the Court once a confidentiality order has been issued or received by CMT under seal, pending the issuance of a confidentiality order received on 16-JUL-2024
Acknowledgment of Receipt received from all parties with respect to oral directions issued on July 4, 2024 ID 75 placed on file on 04-JUL-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 04-JUL-2024 directing that A trial management conference shall be held, by Zoom (audio only), on May 7, 2025 at 2:00 pm (Eastern). The parties shall, by no later than May 5, 2025 provide a jointly-proposed agenda for the TMC. placed on file on 04-JUL-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 03-JUL-2024 re: I emailed J. Aylen the materials in regards to the motion to delist the 276 patent
Solicitor's certificate of service on behalf of Melissa M. Dimilta confirming service of the Notice of Motion upon Plaintiff by email on 28-JUN-2024 filed on 28-JUN-2024
Affidavit of Giovanna Araus sworn on 28-JUN-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A-C filed on 28-JUN-2024
Affidavit of Derek V. Godinho sworn on 27-JUN-2024 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 23 with Exhibits A-C filed on 28-JUN-2024
DOWNLOAD Notice of Motion on behalf of Defendant returnable at Special Sitting in Ottawa on 01-NOV-2024 to begin at 09:30 for a declaration that patent No. 3,007,276 is ineligible for inclusion on the register of patents. filed on 28-JUN-2024
Letter from Plaintiffs (on consent) dated 03-JUL-2024 further to Order (Aylen, J) dated June 27 2024 (see e-doc) -sent to direct attention of Trial Judge (Aylen, J) for consideration received on 03-JUL-2024
Acknowledgment of Receipt received from all parties with respect to Order dated 27-JUN-2024 (Doc. No. 22) placed on file on 27-JUN-2024
Order dated 27-JUN-2024 rendered by The Honourable Madam Justice Aylen Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff (on consent) dated 25-JUN-2024 Result: THIS COURT ORDERS that: 1. The parties shall, by no later than July 3, 2024, provide the Court with their dates and times of mutual availability during the week of May 5, 2025, for a trial management conference. 2. Any notices for inter partes testing shall be served by no later than August 16, 2024. 3. All inter partes testing shall be completed by no later than October 16, 2024. 4. In relation to the Defendant¿s motion for summary trial,...(see-ecopy) Filed on 27-JUN-2024 copies sent to parties entered in J. & O. Book, volume 1662 page(s) 329 - 334 Interlocutory Decision
Communication to the Court from the Registry dated 25-JUN-2024 re: I emailed the letter from June 25 to J. Aylen and AJ Duchesne.
Letter from Plaintiff (on consent) dated 25-JUN-2024 writing in responde to the Direction from Justice Aylen dated June 17, 2024 in respect of post-discovery steps to trial and availability for a one-day hearing for the Defendant's summary trial motion. received on 25-JUN-2024
Acknowledgment of Receipt received from all parties with respect to Direction dated June 17, 2024 placed on file on 20-JUN-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 17-JUN-2024 directing that "The Court is in receipt of the parties' letter dated June 13, 2024 in response to the Court's two Directions dated May 30, 2024 and May 31, 2024.. ." Please see attachment for full details. placed on file on 17-JUN-2024
Letter from Plaintiff (On consent) dated 13-JUN-2024 Writing in response to two Directions from Justice Aylen dated May 30 , 2024 and May 31, 2024 (...) (...) Providing the Court with a jointly-proposed timetable for all post-discovery steps leading to trial (...) received on 13-JUN-2024
Acknowledgment of Receipt received from all parties with respect to Oral directions issued on 30-MAY-2024 (ID 58) placed on file on 05-JUN-2024
Acknowledgment of Receipt received from all parties with respect to Direction dated May 31, 2024 placed on file on 31-MAY-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 31-MAY-2024 directing that "The motion to delist the 276 Patent shall be heard, by Zoom video-conference, on November 1, 2024 commencing at 9:30 am (Eastern) for a full day. The motion for summary trial on the 510 Patent shall be heard, in person, at the Federal Court in Toronto on November 12-13, 2024 commencing at 9:30 am (Eastern). The parties shall, by no later than June 13, 2024, provide the Court with a jointly-proposed timetable for the delivery of motion materials on both motions. In that regard, the parties shall ensure that the final motion records are filed by no later than October 25, 2024. Both motions shall be heard by the trial judge." placed on file on 31-MAY-2024
DOWNLOAD Oral directions received from the Court: The Honourable Madam Justice Aylen dated 30-MAY-2024 directing that The parties shall, by no later June 13, 2024,provide the Court with a jointly-proposed timetable for all post-discovery steps leading to trial (with the exception of the summary trial and delisting motion, which will be timetabled separately). placed on file on 30-MAY-2024 Confirmed in writing to the party(ies)
Ottawa 30-MAY-2024 BEFORE The Honourable Madam Justice Aylen Language: E Before the Court: Trial Management Conference Result of Hearing: The Court will issue a direction held teleconference by Zoom Duration per day: 30-MAY-2024 from 03:30 to 03:50 Courtroom : Ottawa (Zoom) Court Registrar: Moses Imonikhe 30-MAY-2024 from 03:30 to 03:50 Courtroom : Ottawa (Zoom) Court Registrar: Ingrid Sherling Total Duration: 20min Appearances: Will Boyer 613-786-0159 representing Plaintiffs:Bayer Inc. and Regeneron Pharmaceuticals Inc. Christopher VanBarr 613-786-8675 representing Plaintiff: Bayer Inc. and Regeneron Pharmaceuticals Inc. David Tait 416-601-7717 representing Plaintiffs:Bayer Inc. and Regeneron Pharmaceuticals Inc. Sanjaya Mendis 416-601-7614 representing Plaintiffs:Bayer Inc. and Regeneron Pharmaceuticals Inc. Emily Kettel 416-777-4893 representing Defendant:Amgen Canada Inc Dominique Hussey 416-777-6230 representing Defendant: Amgen Canada Inc. Melissa Dimilta 416-777-7448 representing Defendant: Amgen Canada Inc. Minutes of Hearing entered in Vol. 1114 page(s) 297 - 298 Abstract of Hearing placed on file
Joint Agenda received from Plaintiffs counsel with consent further to the Court's direction dated 17-MAY-2024 received on 28-MAY-2024
Acknowledgment of Receipt received from all parties with respect to Doc 21 placed on file on 17-MAY-2024
Acknowledgment of Receipt received from both parties (by e-mail) with respect to Oral directions (ID 53) placed on file on 17-MAY-2024
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 17-MAY-2024 directing that "A brief trial management conference shall be held, by Zoom (audio only), on May 30, 2024 at 3:30 pm (Eastern). An agenda of any issues that the parties would like to address at the TMC shall be submitted to the Court by no later than May 28, 2024." placed on file on 17-MAY-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 16-MAY-2024 re: ID 51 was sent to CMJ + Trial Judge on 16-MAY-2024
Letter from Plaintiff dated 16-MAY-2024 "We act for Bayer and Regeneron in connection with the above-noted matter. Please bring this letter to the attention of Justice Aylen, the trial judge for this matter. We write with the consent of Amgen. (...)" received on 16-MAY-2024
Order dated 15-MAY-2024 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: "THIS COURT ORDERS that: 1. The events, the dates and deadlines set out in this Court's January 10, 2024, remain unchanged and unaffected by the content of this Order except as explicitly set out below. 2. Subject to any motions to compel and any orders arising thereof, the parties shall complete examinations for discovery in the proceeding bearing docket no.: T-2137-23 by July 17, 2024. The parties are encouraged to answer all questions asked during examinations subject to objection in accordance with Rule 95(2) of the Federal Court Rules (the "Rules"), subject to claims of privilege. 3. (...) 4. (...) 5. (...) 6. (...) 7. The virtual case management conference directed to take place on May 16, 2024, commencing at 3:30 pm ET, is no longer required and is cancelled." Filed on 15-MAY-2024 copies sent to parties entered in J. & O. Book, volume 1653 page(s) 377 - 380 Interlocutory Decision
Communication to the Court from the Registry dated 14-MAY-2024 re: ID 48 was sent to CMJ on 14-MAY-2024
Letter from Plaintiff dated 13-MAY-2024 "...We write in response to the Court's direction of May 9, 2024, directing the parties to confirm to the Court by 5 pm today whether they have agreed upon and determined the dates upon which their respective representatives and inventors shall be made available to be examined for discovery and will be examined for discovery. (...)" received on 13-MAY-2024
Acknowledgment of Receipt received from both parties (by e-mail) with respect to Oral directions (ID 46) placed on file on 14-MAY-2024
Oral directions received from the Court: The Honourable Madam Justice Aylen dated 13-MAY-2024 directing that "I will be hearing the trial of this action scheduled to commence on May 26, 2025. The parties shall, by no later than May 16, 2024, provide their dates and times of availability for a TMC (by video-conference) during the week of May 27, 2024. The purpose of the TMC will be to discuss the current status of this proceeding, the parties' adherence to the current timetable and the timetable for the remaining steps leading to trial." placed on file on 13-MAY-2024 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from both parties (by e-mail) with respect to Oral directions (ID 43) placed on file on 13-MAY-2024
Solicitor's certificate of service on behalf of Emily P. Kettel confirming service of Notice of Motion of Amgen Canada Inc. (Re Amgen's Motion for Summary Trial) upon Plaintiff by e-mail on 07-MAY-2024 filed on 10-MAY-2024
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 09-MAY-2024 directing that "On January 10, 2024, the Court ordered that the parties are to complete their examinations for discovery by July 17, 2024. The Court also ordered that the discoveries in the T-2137-23 proceeding were to be prioritized due to the proceeding being an action pursuant to section 6(1) of the PM(NOC) Regulations. It appears that the parties have not yet agreed on dates upon which their respective representatives and inventors shall be made available to be examined for discovery, or upon which examinations will be conducted. (...see e-copy for full version)" placed on file on 09-MAY-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 09-MAY-2024 re: The document IDs 40 and 41 has been sent to Court on May 9, 2024. (AJ Duchesce)
Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for Judgment pursuant to Rule 216(6) of the Federal Courts Rules, SOR/98-106 (the "Rules") filed on 08-MAY-2024
Letter from Defendant dated 08-MAY-2024 "We are counsel for Amgen Canada Inc., the Defendant in the above-noted matters commenced by Bayer Inc. and Regeneron Pharmaceuticals, Inc. regarding Amgen's New Drug Submissio for its proposed aflibercept bio- similar. (...proposed agenda for motion hearing + hearing dates for further motions.)" received on 08-MAY-2024
Ottawa 19-MAR-2024 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter reserved held by Zoom Duration per day: 19-MAR-2024 from 01:00 to 01:43 Courtroom : Ottawa (Zoom) Court Registrar: Mariana Rilko Alvarenga Total Duration: 43min Appearances: Mr. Boyer - representing Plaintiff Ms. Kettel - representing Defendant Comments: Order to follow Minutes of Hearing entered in Vol. 1111 page(s) 53 - 54 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to Direction dated March 13, 2024 placed on file on 13-MAR-2024
DOWNLOAD Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 13-MAR-2024 directing that "The parties are directed to attend a virtual case management conference on March 19, 2024, commencing at 1 pm ET for no more than 1 hour to discuss trial dates, the intended motion for samples, and the timetable for examinations in docket no.: T-2137-23." placed on file on 13-MAR-2024
Acknowledgment of Receipt received from all parties with respect to 5 Orders of the Court dated February 9, 2024 placed on file on 09-FEB-2024
Order dated 09-FEB-2024 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff (On consent) dated 18-JAN-2024 Result: PLEASE SEE E-DOC Filed on 09-FEB-2024 copies sent to parties entered in J. & O. Book, volume 1637 page(s) 94 - 122 Interlocutory Decision
Letter from all parties dated 02-FEB-2024 copy of the letter placed on file T-1917-23 received on 02-FEB-2024
Draft Order concerning "Protecting and maintaining the confidentiality of certain documents (...)" received on 18-JAN-2024
Acknowledgment of Receipt received from both parties with respect to doc 17 placed on file on 22-JAN-2024
DOWNLOAD Order (time and place) dated 22-JAN-2024 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Toronto on 26-MAY-2025 to begin at 09:30 duration: 12j language: E Filed on 22-JAN-2024 cc's sent to parties entered in J. & O. Book, volume 1632 page(s) 46 - 46 Transmittal letters placed on file
Solicitor's certificate of service on behalf of MELISSA M. DIMILTA confirming service of Doc. 15 upon Plaintiffs/Defendants by Counterclaim by e-mail on 18-JAN-2024 filed on 18-JAN-2024
DOWNLOAD Reply to Defence to Counterclaim on behalf of Defendant/Plaintiff by Counterclaim Filed on 18-JAN-2024
Ottawa 19-JAN-2024 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Matter reserved held by way of video conference Duration per day: 19-JAN-2024 from 01:30 to 01:52 Courtroom : Ottawa (Zoom) Court Registrar: Jasmine Lajoie Total Duration: 22 min Appearances: David Tait dtait@mccarthy.ca representing Plaintiff Christopher Van Barr christopher.vanbarr@gowlingwlg.com representing Plaintiff Nevena Cekic nevena.cekic@gowlingwlg.com representing Plaintiff Will Boyer will.boyer@gowlingwlg.com representing Plaintiff Dominique Hussey husseyd@bennettjones.com representing Defendant Emily Kettel kettele@bennettjones.com representing Defendant Melissa Dimilta dimiltam@bennettjones.com representing Defendant Minutes of Hearing entered in Vol. 1108 page(s) 35 - 36 Abstract of Hearing placed on file
Copy of letter on behalf of Plaintiff dated 18-JAN-2024 placed on file on 18-JAN-2024 Original placed on Court File No. T-1917-23
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 17-JAN-2024 directing that "The Court has been informed by the parties that they no longer require the Court to hear an intended motion with respect to the terms of a disputed protective order on January 19, 2024. The parties nevertheless seek to use the time set aside for the hearing of the motion as a virtual case management conference to discuss other matters in the proceeding. The hearing fixed for January 19, 2024, commencing at 1 pm ET is hereby vacated. The parties are directed to attend a virtual case management conference on January 19, 2024, commencing at 1:30 pm ET. The parties are encouraged to provide the Court with an agenda for the case management conference in advance of the commencement of the case management conference." placed on file on 17-JAN-2024 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from ALL PARTIES with respect to DOC 14 placed on file on 11-JAN-2024
DOWNLOAD Order (Timetable) dated 10-JAN-2024 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: "THIS COURT ORDERS that: A) Motion for a Protective Order 1. The Defendant Amgen Canada Inc. will initiate a motion for an Order... PLEASE SEE E-DOC Filed on 10-JAN-2024 entered in J. & O. Book, volume 1630 page(s) 275 - 284 Interlocutory Decision
Copy of the letter on behalf of Plaintiff / Defendant to Counterclaim dated 08-JAN-2024 placed on file on 08-JAN-2024 Original placed on Court File No. T-1917-23
Solicitor's certificate of service on behalf of William Boyer confirming service of Reply and Defence to Counterclaim upon Defendant/ Plaintiff by Counterclaim by email on 08-JAN-2024 filed on 08-JAN-2024
REPLY AND DEFENCE TO COUNTERCLAIM filed on 08-JAN-2024
Ottawa 08-DEC-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Order will follow held Zoom Duration per day: 08-DEC-2023 from 10:00 to 10:45 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 45min Appearances: Mr. Laur, Ms. Kettel. , Ms. Dimilta. - representing Plaintiff Mr. Boyer, Ms. Legere , Ms. Binns - representing Defendant Minutes of Hearing entered in Vol. 1105 page(s) 348 - 349 Abstract of Hearing placed on file
Letter from Plaintiff (on consent) dated 07-DEC-2023 informing a follow-up. received on 07-DEC-2023
****** CANCELLED ****** Memorandum to file from TORONTO LOCAL OFFICE dated 23-NOV-2023 23-NOV-2023 placed on file.
Solicitor's certificate of service on behalf of EMILY KETTEL (SOL. FOR DEFENDANT) confirming service of DEFENCE AND COUNTERCLAIM (DOC. 10) upon Plaintiff by EMAIL on 21-NOV-2023 filed on 21-NOV-2023
DOWNLOAD Defence and Counterclaim on behalf of DEFENDANT - AMGEN INC. filed on 21-NOV-2023
Letter from all parties dated 22-NOV-2023 updating the Court received on 22-NOV-2023
Consent on behalf of all parties to Electronic service of the documents filed on 21-NOV-2023
Letter from all parties dated 20-NOV-2023 seeking an extension of time to place an udpate before the Court. received on 20-NOV-2023
Acknowledgment of Receipt received from both parties with respect to doc 2 placed on file on 20-OCT-2023
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated November 1, 2023 placed on file on 01-NOV-2023
DOWNLOAD Order dated 01-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: Please see attachment for full details. Filed on 01-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1619 page(s) 21 - 25 Interlocutory Decision
Letter from Plaintiff dated 30-OCT-2023 "We write jointly on behalf of all parties with respect to the upcoming case management conference scheduled for October 31. (proposed agenda for CMC) (...)" sent to CMJ 31-OCT-2023 received on 30-OCT-2023
Solicitor's certificate of service on behalf of SANJAYA MENDIS confirming service of doc 1 upon Defendant by email on 12-OCT-2023 filed on 25-OCT-2023
Solicitor's certificate of service on behalf of Melissa Dimilta confirming service of Doc 5 upon Plaintiff by email on 20-OCT-2023 filed on 20-OCT-2023
Notice of Intention to Respond filed on 20-OCT-2023
Solicitor's certificate of service on behalf of Emily Kettel confirming service of Doc. 3 upon Plaintiff by email on 23-OCT-2023 filed on 23-OCT-2023
Amended Notice of Intention to Respond on behalf of Defendant filed on 23-OCT-2023
DOWNLOAD Order dated 20-OCT-2023 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 11-OCT-2023 Result: IT IS HEREBY ORDERED THAT: 1. This proceeding shall continue as a specially managed proceeding. 2. Pursuant to Rule 383, Associate Judge Benoit M. Duchesne is assigned as Case Management Judge in this matter. Filed on 20-OCT-2023 copies sent to parties entered in J. & O. Book, volume 1617 page(s) 132 - 133 Interlocutory Decision
Letter from Plaintiff dated 11-OCT-2023 enclosing Statement of Claim pursuant to s.6(1) PMNOC Regulations, requesting case management, and outlines similar cases before the court received on 11-OCT-2023
Statement of Claim filed on 11-OCT-2023 Tariff other action - $150.00
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