Decision

Natco Pharma (Canada) Inc. v. Canada (Health), 2020 FC 618 (Emtricitabine*)

Justice Pentney - 2020-05-14

Read full decision. Automatically generated summary:

This application for judicial review was scheduled to be heard on May 12, 2020. The materials were all filed. Counsel were preparing to argue the matter on the appointed day. The Court was also preparing to hear the matter in the usual way. Then a pandemic happened. ... The only question before the Court is whether to grant the Applicant’s request to proceed with the hearing by video conference. ... The Respondent Gilead opposes the request to proceed by way of video conference on several grounds: it has significant rights in issue in this proceeding and it should have an opportunity for a full and fair hearing; there is no urgency to hear the matter in June, as waiting a few months to schedule an in-person hearing will still allow for a determination of the Applicant’s case well in advance of the November 27, 2021 deadline for filing its ANDS; there is no prejudice to the Applicant by virtue of this short delay; and, there are multiple parties involved, which will make a video conference hearing more complicated. ... In this case, I have found that this case can and should proceed by video conference in June 2020.

Decision relates to:

  • T-1353-19 - NATCO PHARMA (CANADA) INC. v. MIN HEALTH & AGC & GILEAD SCIENCES CANADA INC.

 

Canadian Intellectual Property