Apotex Inc. v. Sanofi-Aventis
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Apotex Inc. v. Sanofi-Aventis Court (s) Database Federal Court of Appeal Decisions Date 2013-07-24 Neutral citation 2013 FCA 187 File numbers A-121-12 Decision Content Date: 20130724 Docket: A-121-12 Citation: 2013 FCA 187 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: APOTEX INC., and APOTEX PHARMACHEM INC. Appellants and SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP Respondents Heard at Toronto, Ontario, on January 28 & 29, 2013. Judgment delivered at Ottawa, Ontario, on July 24, 2013. REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. GAUTHIER J.A. . Date: 20130724 Docket: A-121-12 Citation: 2013 FCA 187 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: APOTEX INC., and APOTEX PHARMACHEM INC. Appellants and SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP Respondents REASONS FOR JUDGMENT PELLETIER J.A. [1] This is an appeal from the order of costs made following a 26 day trial in which the Federal Court found that Canadian Patent No. 1,336,777 (the ‘777 Patent) was invalid for lack of utility and obviousness. The appellants argue that the Federal Court erred in denying them certain of their disbursements. In File No. A-7-12, this Court overturned the Federal Court’s decision, upheld the validity of the ‘777 Patent, and ordered costs against the appellant Apotex in this Court and in the Federal Court. As a result, this appeal is now moot. [2] The appeal should therefore be …
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Apotex Inc. v. Sanofi-Aventis Court (s) Database Federal Court of Appeal Decisions Date 2013-07-24 Neutral citation 2013 FCA 187 File numbers A-121-12 Decision Content Date: 20130724 Docket: A-121-12 Citation: 2013 FCA 187 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: APOTEX INC., and APOTEX PHARMACHEM INC. Appellants and SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP Respondents Heard at Toronto, Ontario, on January 28 & 29, 2013. Judgment delivered at Ottawa, Ontario, on July 24, 2013. REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. GAUTHIER J.A. . Date: 20130724 Docket: A-121-12 Citation: 2013 FCA 187 CORAM: NOËL J.A. PELLETIER J.A. GAUTHIER J.A. BETWEEN: APOTEX INC., and APOTEX PHARMACHEM INC. Appellants and SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP Respondents REASONS FOR JUDGMENT PELLETIER J.A. [1] This is an appeal from the order of costs made following a 26 day trial in which the Federal Court found that Canadian Patent No. 1,336,777 (the ‘777 Patent) was invalid for lack of utility and obviousness. The appellants argue that the Federal Court erred in denying them certain of their disbursements. In File No. A-7-12, this Court overturned the Federal Court’s decision, upheld the validity of the ‘777 Patent, and ordered costs against the appellant Apotex in this Court and in the Federal Court. As a result, this appeal is now moot. [2] The appeal should therefore be dismissed. "J.D. Denis Pelletier" J.A. “I agree Marc Noël J.A.” “I agree Johanne Gauthier J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-121-12 STYLE OF CAUSE: APOTEX INC. and APOTEX PHARMACHEM INC. and SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: January 28 and 29, 2013 REASONS FOR JUDGMENT BY: PELLETIER J.A. CONCURRED IN BY: NOËL J.A. & GAUTHIER J.A. DATED: July 24, 2013 APPEARANCES: Anthony G. Creber / Cristin A. Wagner / Marc Richard FOR THE APPELLANTS Harry Radomski / Benjamin Hackett / Richard Naiberg / Sandon Shogilev FOR THE RESPONDENTS SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP, Ottawa FOR THE APPELLANTS GGODMANS LLP, Toronto FOR THE RESPONDENTS
Source: decisions.fca-caf.gc.ca