Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443

Proth. Tabib - 2018-04-24

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Unless the necessity of an express order is demonstrated or other unusual circumstances exist, issuing protective orders is undesirable as it tends to devalue the implied undertaking, may lead to abuse or misunderstanding of the parties’ obligations under the implied undertaking, and unnecessarily uses the Court’s time and resources. Where the parties consider that circumstances require additional protective measures, or where they would prefer that the scope or the mode of application of the undertaking be expressed in writing, lawful terms on which the parties agree may effectively be incorporated in a private agreement. Such agreements are amenable to enforcement by the Court in the same way and to the same extent as the implied undertaking, without the need to have been previously recognized by the Court or incorporated in an express order. Applying these principles to the circumstances of this case, I have not been satisfied that the issuance of a protective order is needed, and have declined to grant the motion of Pfizer and to issue the protective order agreed upon by the parties.

Decision relates to:



Canadian Intellectual Property