ALLERGAN PHARMA CO., et.al. v. MINISTER OF HEALTH et.al.
Summary of T-830-17
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: S. 18.1 Patented Medicines (Notice of Compliance) Regulations
Parties and Lawyers:Party | Firm | Lawyer |
---|---|---|
ALLERGAN INC | ||
ALLERGAN PHARMA CO | McCarthy Tétrault LLP | MASON, STEVEN G |
ALLERGAN PHARMA CO | ||
APOTEX INC | ||
KISSEI PHARMACEUTICAL CO LTD | ||
MINISTER OF HEALTH |
Name | Number |
---|---|
RAPAFLO | |
2496780 |
Patented Medicine: Silodosin (Medicinal ingredients are based on automated analysis and should not be relied upon.)
Docket Summary (Google Translate to English)
(15) 2018-12-12 - TorontoSolicitor's certificate of service on behalf of Bart Nowak confirming service of Doc. 14 upon Respondents, The Minister of Health and Apotex Inc. by telecopier on 12-DEC-2018 filed on 12-DEC-2018
Discontinuance with Consent on behalf of Applicant with consent on behalf of Respondents, Minister of Health and Apotex Inc. filed on 12-DEC-2018
Letter from Applicant dated 24-SEP-2018 on behalf of the parties, advising that the Applicants do not intend to seek leave to file reply evidence and the parties will continue to follow the scheduling direction (cc'd to R's counsel) received on 24-SEP-2018
****** CANCELLED ****** Letter from Defendant dated 31-AUG-2018 with enclosed notice of motion to strike the Amended Statement of Claim and a request for a case management teleconference (cc'd to P's counsel) received on 31-AUG-2018
Memorandum to file from Toronto CMT dated 31-AUG-2018 Applicants' counsel advised via email that the Court is unavailable on the dates proposed for their motion and request that counsel provide mutual dates of availabilitiy for the month of October placed on file.
Letter from Applicant dated 31-AUG-2018 advising the Court that the Applicants intend to bring a motion for reply and providing dates of availability for the hearing of the motion (cc'd to D's counsel) received on 31-AUG-2018
Letter from Respondent, Minister of Health dated 17-MAY-2018 advising of new address effective June 4, 2018 received on 17-MAY-2018
Communication to the Court from the Registry dated 08-MAR-2018 re: A's letter dated 8-MAR-2018 sent to Trial JA
Letter from Applicant dated 08-MAR-2018 writing with the consent of the Respondent, to advise that both scheduled hearing days are still required (cc'd to R's counsel) received on 08-MAR-2018
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 02-MAR-2018 directing that the scheduling direction dated December 6, 2017 is amended as follows: "...2. The Applicants' evidence shall be served by March 23, 2018;..." All other steps remain unchanged. (NOTE: Sent to parties via email) placed on file on 02-MAR-2018
Letter from Applicant dated 23-FEB-2018 requesting a formal direction or order to vary the scheduling direction of 6-DEC-2017 to allow it to serve its evidence no later than March 23, 2018 - with agreement from parties (cc'd to R's counsel) received on 23-FEB-2018
Memorandum to file from Toronto CMT dated 15-FEB-2018 The case management teleconference scheduled for February 15, 2018 has been cancelled as the parties have advised that they have resolved the outstanding issues and the call is no longer required. placed on file.
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 15-FEB-2018 directing that a case management teleconference will be held on Thursday, February 15, 2018 at 2:30 p.m. (NOTE: Parties advised via email) placed on file on 15-FEB-2018
Communication to the Court from the Registry dated 15-FEB-2018 re: A's letter in reply dated 14-FEB-2018
Letter from Applicant dated 14-FEB-2018 in reply to the (corporate) Respondent's letter dated 13-FEB-2018, and requesting that the Court issue an Order allowing the Applicants to file the New Productions under seal for the purpose of adjudicating the scheduling issue on the case management conference and then the documents can be destroyed (cc'd to all parties) received on 14-FEB-2018
Communication to the Court from the Registry dated 13-FEB-2018 re: R's letter dated 13-FEB-2018
Letter from Respondent, Apotex Inc. dated 13-FEB-2018 in response to the Applicants' letter dated 12-FEB-2018, and noting that "...an extension of two weeks, to March 9, 2018, provides the Applicants with sufficient time to deliver their evidence..." (cc'd to all parties via email) received on 13-FEB-2018
Communication to the Court from the Registry dated 12-FEB-2018 re: A's letter dated 12-FEB-2018
Letter from Applicant dated 12-FEB-2018 requesting a case management conference to discuss the Applicants' request for an extension of time to deliver its evidence and to consider the Apotex's new productions (cc'd to all parties) received on 12-FEB-2018
Confirmation by fax printout of receipt by the parties of the order of the Chief Justice dated 14-DEC-2017 placed on file on 14-DEC-2017
Order (time and place) dated 14-DEC-2017 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Judicial Review (s.18) to be heard at Special Sitting in Toronto on 01-APR-2019 to begin at 09:30 duration: 2d language: E Filed on 14-DEC-2017 cc's sent to parties entered in J. & O. Book, volume 1354 page(s) 155 - 155 Transmittal letters placed on file
Communication to the Court from the Registry dated 11-DEC-2017 re: Requisition for hearing
Letter from Applicant dated 06-DEC-2017 on behalf of the parties, requesting the issuance of a scheduling order and enclsoing a draft copy of the Requisition for Hearing that they intend to file (cc'd to all parties) received on 06-DEC-2017
Affidavit of service of Sonia Atwell sworn on 06-DEC-2017 on behalf of Applicant confirming service of Doc 11 upon all parties by telecopier on 07-DEC-2017 with Exhibits a filed on 07-DEC-2017
Requisition for hearing - Application from Applicant filed on 07-DEC-2017 Tariff Application or appeal - $50.00
Order dated 06-DEC-2017 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: VERIFICATION ORDER Filed on 06-DEC-2017 entered in J. & O. Book, volume 1353 page(s) 54 - 55 Interlocutory Decision
Oral directions received from the Court: Martha Milczynski, Prothonotary dated 06-DEC-2017 directing that 1. A requisition for hearing shall be served and filed within ten days of the issuance of this direction providing the parties' availability for a 2 day hearing in Toronto in April 2019; 2. The applicants' evidence shall be served by February 23, 2018; 3. The respondent's evidence shall be served by August 24, 2018; 4. The applicants shall write to the Court no later than August 31, 2018 to advise if a motion for reply is necessary and if so to provide dates and times of availability for hearing the motion; 5. The applicant's motion for leave to file reply evidence, if any, shall be served and filed three weeks prior to the date set by the Court for the reply motion; 6. The respondent's motion record in response shall be served and filed no later than one week prior to the date set by the Court for the reply motion; 7. Cross-examinations on affidavits shall be completed by October 31, 2018; 8. Any motion for an order under R. 151 of the FCR shall be filed 3 weeks ahead of the filing of any application record; 9. The applicants' application record shall be served and filed by December 14, 2018; 10. The respondent's record shall be served and filed by Feb 8, 2019. placed on file on 06-DEC-2017
Letter from Applicant dated 29-NOV-2017 with draft proposed verification order submitted on consent of the parties (cc'd to all parties) received on 29-NOV-2017
PROTECTIVE ORDER dated 22-AUG-2017 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Applicant dated 10-JUL-2017 Result: granted Filed on 22-AUG-2017 copies sent to parties entered in J. & O. Book, volume 1344 page(s) 1 - 13 Interlocutory Decision
Letter from Applicant dated 10-JUL-2017 Re: attaching a draft protective order received on 10-JUL-2017
Acknowledgment of Receipt received from all parties by fax with respect to Order (Doc. no. 8) placed on file on 27-JUN-2017
Order dated 27-JUN-2017 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 Prothonotary Martha Milcznski is assigned as Case Management Judge in this matter. Filed on 27-JUN-2017 entered in J. & O. Book, volume 1337 page(s) 434 - 434 Interlocutory Decision
Affidavit of service of Jessica Oliveira sworn on 14-JUN-2017 on behalf of Respondent confirming service of doc 6 upon Applicant by telecopier on 14-JUN-2017 filed on 14-JUN-2017
Notice of appearance on behalf of Respondent filed on 14-JUN-2017
Affidavit of service of James Adeney sworn on 13-JUN-2017 on behalf of Respondent - Minister of Health confirming service of Doc. # 4 - Notice of Appearance upon all parties by telecopier on 13-JUN-2017 with Exhibits "A" filed on 13-JUN-2017
Notice of appearance on behalf of Respondent - The Minister of Health filed on 13-JUN-2017
Affidavit of service of Chris Maniaci sworn on 12-JUN-2017 on behalf of Plaintiff confirming service of doc#1 upon Respondent - Apotex by process server on 12-JUN-2017 filed on 13-JUN-2017
Service copy of Doc. No. 1 with proof of service upon Deputy Attorney General of Canada on 12-JUN-2017 filed on 12-JUN-2017
Notice of application with regard to PMNOC (Notice of Compliance) filed on 09-JUN-2017 Certified copy(ies)/copy(ies) transmitted to Director of the Regional Office of the Department of Justice Tariff fee of $50.00 received: yes
The official version of the court proceeding information is available from the court websites directly: