Digests

Decision Information

Decision Content

[2017] 2 F.C.R. D-7

Practice

Consolidation of Proceedings

Motion by defendants Shire LLC, Shire Pharma Canada ULC asking Court to partially consolidate proceedings — Defendant Shire LLC owner of Canadian Patent No. 2547646 (ꞌ646 patent) said to cover defendant Shire Pharma Canada ULC’s lisdexamfetamine dimesylate capsules sold under the name Vyvanse — Plaintiff Apotex serving respondent notice of allegation alleging invalidity of ꞌ646 patent — In response defendants filing application for prohibition order — Grounds for invalidity, non-infringement the same — In that regard, substantial commonality between facts at issue in both proceedings — At same time, significant differences between proceedings — Conducting such proceedings in parallel with action involving the same patent, product representing challenge for parties — Duplications, coordination issues arising from parallel proceedings affecting Court as well — Solution proposed by defendants through motion herein adopted in Novartis Pharmaceuticals Canada Inc. v Apotex Inc., 2013 FC 142 — Proceeding in same manner here significantly reducing duplications between two proceedings — Evidence would be adduced only once, viva voce, before Court — Arguments by plaintiff that defendants’ proposal to consolidate proceedings causing plaintiff procedural or tactical prejudice unsubstantiated — All of plaintiff’s rights protected — Defendants’ proposal leading to savings of time, expense for both parties, representing most efficient, judicious use of Court’s resources — Application in T-998-16 to be heard simultaneously by same judge as action in T-1056-16 — Motion allowed.

Apotex Inc. v. Shire LLC (T-1056-16, T-998-16, 2016 FC 1099, Tabib P., order dated October 3, 2016, 14 pp.)

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.