Bayer Inc. v. Apotex Inc., 2020 FC 866 (Rivaroxaban*)

Justice Pentney - 2020-08-28

Read full decision. Summary prepared by Alan Macek:

The Plaintiffs (collectively Bayer) have brought a motion seeking to validate service of unredacted expert reports on the Defendant, Apotex, which occurred on August 10, 2020. In the alternative, Bayer seeks leave to file these reports on Apotex after the expiry of the time for doing so, set out in the Scheduling Order of May 22, 2020. ... For the following reasons, I am granting Bayer’s motion for an extension of time to file the unredacted expert reports and the accompanying documents. ... However, once Bayer realized its experts were relying on the confidential documents, it has taken steps to seek relief from Teva and it informed Apotex of the issue. ... While Apotex is a separate party from Teva, and their two trials are proceeding in parallel, the evidence at issue is to be introduced in the common portion of the trial, recalling that the trial of common issues was requested by Teva and Apotex, and has proceeded based on an understanding that all of the evidence presented by them would be used in the trial of common issues.

Decision relates to:


Canadian Intellectual Property