ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2019 FC 1579 (Dolutegravir*)
Justice Manson - 2019-12-17
Read full decision. Automatically generated summary:
The Prothonotary dismissed ViiV’s motion for production of documents containing underlying data for a study referred to in BICGILEADCA0003351. The relevant information disclosed in this document is also disclosed in a publicly available presentation submitted as part of ViiV’s motion record. ... The issues are: (1) Did the Prothonotary err in finding that post-publication date documents are not relevant for the purpose of claim construction? (2) Did the Prothonotary err in finding that post-publication date documents are extrinsic evidence inadmissible for claim construction? (3) Did the Prothonotary otherwise err in not ordering production of non-bictegravir documents?
Decision relates to:
- T-226-18 - VIIV HEALTHCARE COMPANY ET AL. v. GILEAD SCIENCES CANADA, INC.
- A-43-20(2021 FCA 122) - which is an appeal from this decision