Decision

Bayer Inc. v. Teva Canada Limited, 2019 FC 1039 (Rivaroxaban*)

Justice Pentney - 2019-08-01

Read full decision. Automatically generated summary:

The question before the Court is whether to add Taro Pharmaceuticals Inc. (Taro) and Sandoz Canada Inc. (Sandoz) as Defendants in the trial of common issues currently set for Bayer Inc. and Bayer Intellectual Property GMBH’s (Bayer) claims against Teva Canada Limited (Teva) and Apotex Inc. (Apotex). The Bayer claims against Taro and Sandoz relate to the same drug, the same patents, and same issues of invalidity as those raised in the Teva and Apotex actions. The difference between the actions is primarily a question of timing. The Teva and Apotex actions were commenced within a month of each other, while the Taro and Sandoz actions were not launched until approximately four and six months later, respectively.

Decision relates to:

  • T-1960-18 - BAYER INC. and BAYER INTELLECTUAL PROPERTY GMBH v. TEVA CANADA LMT.
  • T-2093-18 - BAYER INC. et al v. APOTEX INC.
  • T-435-19 - BAYER INC. et al v. TARO PHARMACEUTICALS INC.
  • T-806-19 - BAYER INC ET AL. v. SANDOZ CANADA INC.

 

Canadian Intellectual Property