Janssen Inc. v. Teva Canada Limited, 2015 FCA 36 (Stratas J.A., Ryer J.A., Boivin J.A.)
February 4, 2015
Jaimie Mills and Beverley Moore for the Appellants (Borden Ladner Gervais, Ottawa)
David Aitken, Bryan Norrie and Jeffrey Warnock for the Respondents (Aitken Klee LLP, Ottawa)
A motion in writing (request for oral hearing denied) by Teva was allowed by Justice Stratas on the usual basis that the NOC had been issued prior to the appeal being launched. Janssen’s argument that there was something unusual that should prompt the Court of Appeal to exercise its discretion to hear the moot appeal was based on the “Comprehensive Economic and Trade Agreement”, which requires that Canada should give “equivalent and effective rights of appeal”. It was held not to apply as it has not yet been implemented by statute, and there was some doubt as to whether the principles of judicial economy would be met. The further ground of difference relating to a new ANDS being filed by Teva was held to also not pass muster.
By: Ken Clark, Aird & Berlis LLP