Decision

ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 (Dolutegravir*)

Justice Mactavish; Justice Stratas; Justice Laskin - 2021-06-16

Read full decision. Automatically generated summary:

The appellants (collectively “ViiV”) appeal from three interlocutory orders of the Federal Court (all per Manson J.). ViiV also appeals a summary judgment dismissing its patent infringement action against the respondent, Gilead (per Manson J.): 2020 FC 486. … When a motion for summary judgment or summary trial is brought, how should the Court proceed? What exactly is the methodology the Court should follow? These days, the answer is rather unclear. … Where a motion for summary judgment or summary trial or its timing seems problematic in the sense described above, a motion to quash or adjourn may be brought subject to the qualifications set out above. Absent such a motion, the Court—acting on its own initiative in accordance with the principles set out above—can invite submissions and then decide the issue whether a motion for summary judgment or summary trial should be entertained at all or should be adjourned. … At the end of the day, the Court must be satisfied that the prerequisites in the Rules for summary judgment or summary trial, understood in light of Rule 3, are met and that it is able to grant summary judgment, fairly and justly, on the evidence adduced and the law. … Therefore, I would dismiss the four appeals with costs.

Decision relates to:

  • A-115-20 - VIIV HEALTHCARE COMPANY ET AL. v GILEAD SCIENCES CANADA which is an appeal from 2020 FC 486 in T-226-18
  • A-13-20 - VIIV HEALTHCARE COMPANY ET AL v. GILEAD SCIENCES CANADA, INC. which is an appeal from a decision dated 2020-01-03 in T-226-18
  • A-43-20 - VIIV HEALTHCARE COMPANY ET AL v. GILEAD SCIENCES CANADA, INC which is an appeal from 2019 FC 1579 in T-226-18
  • A-477-19 - VIIV HEALTHCARE COMPANY ET AL v. GILEAD SCIENCES CANADA, INC. which is an appeal from a decision dated 2019-12-17 in T-226-18

 

Canadian Intellectual Property