Federal Court of Appeal Confirms Importance of Proportionality Principle in Discovery

Question proposed for determination not answered prior to trial

This motion seeks various relief relating to the affidavit of documents and productions delivered by the Plaintiff, Sumitomo. The underlying action is brought under section 6(1) of the PMNOC Regulations relating to four patents involving the medicine lurasidone.

Sandoz brought a motion for summary judgment or, in the alternative, to strike the Plaintiffs’ Statement of Claim, without leave to amend.

Flatworks filed a motion for summary judgment in respect of a patent impeachment action. In Flatworks’ view, Canadian Patent 2,383,341 (the “341 Patent”), which describes an electric heating wrap for use on articulated hydraulic booms, should be declared invalid for: (i) being obvious; (ii) being anticipated by prior art; and (iii) lacking utility.

This decision relates to infringement actions of Canadian Patent No. 2,371,684 [the 684 Patent] by the Plaintiffs (hereinafter collectively referred to as “Lilly”) against each of four Defendants, Mylan Pharmaceuticals ULC, Apotex Inc., Teva Canada Limited, and Pharmascience Inc.-Laboratoire Riva Inc., and related counterclaims of invalidity by each of the Defendants.

”The court reasoned, though, that it was “satisfied that a fair trial that respects the interests of the parties and allows their cases to be fully presented and argued can be conducted by videoconference.”

TFI Foods Ltd is the exclusive Canadian distributor for I-MEI Foods Co, Ltd. In the decision, the court granted the plaintiff’s motion for an interlocutory injunction, under which Every Green International Inc is enjoined from selling or offering for sale any products bearing I-MEI’s trademark that falsely identify Every Green as the exclusive distributor for I-MEI in Canada.

TatuYou filed a statement of claim alleging that H2Ocean, Inc. infringed a patent for a “transparent breathable polyurethane film for tattoo aftercare and method.” TatuYou claimed that the defendant infringed the patent by selling a transparent adhesive dressing called a “D-Lize Pro” in Canada.

This is an appeal by Salt Canada Inc. from a judgment of the Federal Court dismissing its application for an order directing the Commissioner of Patents to vary the records of the Patent Office to reflect it as the owner of Canadian Patent No. 2,222,058. Justice Boswell dismissed Salt’s application on the basis that the court did not have jurisdiction to adjudicate the underlying contractual dispute between the parties. The Federal Court of Appeal reversed and allowed the application.