Eli Lilly and Co. v. Apotex Inc.
Court headnote
Eli Lilly and Co. v. Apotex Inc. Court (s) Database Federal Court of Appeal Decisions Date 2002-10-16 Neutral citation 2002 FCA 389 File numbers A-368-01 Decision Content Date: 20021016 Docket: A-368-01 (T-320-01) Neutral citation: 2002 FCA 389 CORAM: ROTHSTEIN J.A. SEXTON J.A. EVANS J.A. BETWEEN: ELI LILLY AND COMPANY and ELI LILLY CANADA INC. Appellants (Defendants) and APOTEX INC. Respondent (Plaintiff) Heard at Ottawa, Ontario, on October 16, 2002. Judgment delivered from the Bench at Ottawa, Ontario, on October 16, 2002. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20021016 Docket: A-368-01 (T-320-01) Neutral citation: 2002 FCA 389 CORAM: ROTHSTEIN J.A. SEXTON J.A. EVANS J.A. BETWEEN: ELI LILLY AND COMPANY and ELI LILLY CANADA INC. Appellants (Defendants) and APOTEX INC. Respondent (Plaintiff) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on October 16, 2002) ROTHSTEIN J.A. [1] This is an appeal from the decision of a Motions Judge dismissing a motion to strike a Statement of Claim. [2] We are all of the opinion that this is not a case in which this Court should interfere with the discretion exercised by the Motions Judge. Nor is this a case in which it would be appropriate for this Court to decide, for the first time, issues that were not expressly dealt with by the Motions Judge. [3] We will, therefore, dismiss the appeal. The respondent will be entitled to party-party costs in the sum of $10,000 inclusive of disbursements…
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Eli Lilly and Co. v. Apotex Inc. Court (s) Database Federal Court of Appeal Decisions Date 2002-10-16 Neutral citation 2002 FCA 389 File numbers A-368-01 Decision Content Date: 20021016 Docket: A-368-01 (T-320-01) Neutral citation: 2002 FCA 389 CORAM: ROTHSTEIN J.A. SEXTON J.A. EVANS J.A. BETWEEN: ELI LILLY AND COMPANY and ELI LILLY CANADA INC. Appellants (Defendants) and APOTEX INC. Respondent (Plaintiff) Heard at Ottawa, Ontario, on October 16, 2002. Judgment delivered from the Bench at Ottawa, Ontario, on October 16, 2002. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20021016 Docket: A-368-01 (T-320-01) Neutral citation: 2002 FCA 389 CORAM: ROTHSTEIN J.A. SEXTON J.A. EVANS J.A. BETWEEN: ELI LILLY AND COMPANY and ELI LILLY CANADA INC. Appellants (Defendants) and APOTEX INC. Respondent (Plaintiff) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on October 16, 2002) ROTHSTEIN J.A. [1] This is an appeal from the decision of a Motions Judge dismissing a motion to strike a Statement of Claim. [2] We are all of the opinion that this is not a case in which this Court should interfere with the discretion exercised by the Motions Judge. Nor is this a case in which it would be appropriate for this Court to decide, for the first time, issues that were not expressly dealt with by the Motions Judge. [3] We will, therefore, dismiss the appeal. The respondent will be entitled to party-party costs in the sum of $10,000 inclusive of disbursements and GST. Our decision on this appeal in no way pre-judges the appropriateness of a motion for summary judgment in the Trial Division that the appellants indicate they will bring on the dismissal of this appeal. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-368-01 (T-320-01) STYLE OF CAUSE: Eli Lilly and Company and Eli Lilly Canada Inc. Appellants (Defendants) and Apotex Inc. Respondent (Plaintiff) PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: OCTOBER 16, 2002 REASONS FOR JUDGMENT OF THE COURT: (ROTHSTEIN, SEXTON, EVANS) RENDERED FROM THE BENCH BY: ROTHSTEIN J.A. APPEARANCES: Anthony G. Creber Patrick Smith FOR THE APPELLANT H.B. Radomski Andrew R. Brodkin FOR THE RESPONDENT SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP Ottawa, Ontario FOR THE APPELLANT Goodmans LLP Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca