Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2019 FC 1396
Read full decision. Summary prepared by Alan Macek:
The plaintiff, Seedlings Life Science Ventures, LLC [Seedlings] brings a motion for the admission in evidence of certain documents for the truth of their contents. It argues that those documents may be admitted as read-ins of discoveries, as business records or pursuant to the documents in possession doctrine. The defendant, Pfizer Canada ULC [Pfizer], objects to this and argues that the documents are, to the extent that no witness has testified in their respect, inadmissible hearsay. I am granting this motion, as I consider that the documents in question are business records. This motion is brought in the course of the trial of an action for patent infringement. ... In this case, I accept that the brand plans constitute business records, under the wide scope given to that concept in Setak. They were prepared at regular intervals, in the course of King’s or Pfizer’s business, and contained then current information about the EpiPen sales, the sales of competing products and the strategies King and Pfizer intended to deploy to maintain or increase their sales or market share.