Decision

Bayer Inc. v. Apotex Inc., 2019 FC 191 (Rivaroxaban*)

Proth. Tabib - 2019-02-14

Read full decision. Automatically generated summary:

At issue before the Court is whether the trials in two separate actions instituted by the same Plaintiffs against two different generics pursuant to the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 should be scheduled to be heard, in part, together and whether doing so offends the prohibition against joinder of actions set out in s 6.02 of the Regulations. For the reasons that follow, the Court determines that ordering the common invalidity issues in both actions to be heard together is in the interest of justice in the circumstances of this case and does not constitute a joinder of the actions.

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.

 

Canadian Intellectual Property