Bayer Healthcare AG v. Sandoz Canada Inc.
Court headnote
Bayer Healthcare AG v. Sandoz Canada Inc. Court (s) Database Federal Court of Appeal Decisions Date 2008-10-15 Neutral citation 2008 FCA 309 File numbers A-488-07 Decision Content Date: 20081015 Docket: A-488-07 Citation: 2008 FCA 309 CORAM: LÉTOURNEAU J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: BAYER HEALTHCARE AG and BAYER INC. Appellants (Plaintiffs/Defendants by Counterclaim) and SANDOZ CANADA INCORPORATED Respondent (Defendant/Plaintiff by Counterclaim) Heard at Toronto, Ontario, on October 15, 2008. Judgment delivered at Toronto, Ontario, on October 15, 2008. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20081015 Docket: A-488-07 Citation: 2008 FCA 309 CORAM: LÉTOURNEAU J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: BAYER HEALTHCARE AG and BAYER INC. Appellants (Plaintiffs/Defendants by Counterclaim) and SANDOZ CANADA INCORPORATED Respondent (Defendant/Plaintiff by Counterclaim) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 15, 2008) SHARLOW J.A. [1] Bayer appeals the order of Justice Barnes (2007 FC 1068) dismissing its motion to strike paragraphs 46 to 56 of the Amended Statement of Defence and Counterclaim. We note that in certain respects Justice Barnes’ reasons may disclose some misunderstanding of the pleadings. However, despite the able submissions of counsel for Bayer, we are not persuaded that it is plain and obvious that the pleadings must fail. Therefore, the appeal will be dismissed with costs in the cause. “…
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Bayer Healthcare AG v. Sandoz Canada Inc. Court (s) Database Federal Court of Appeal Decisions Date 2008-10-15 Neutral citation 2008 FCA 309 File numbers A-488-07 Decision Content Date: 20081015 Docket: A-488-07 Citation: 2008 FCA 309 CORAM: LÉTOURNEAU J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: BAYER HEALTHCARE AG and BAYER INC. Appellants (Plaintiffs/Defendants by Counterclaim) and SANDOZ CANADA INCORPORATED Respondent (Defendant/Plaintiff by Counterclaim) Heard at Toronto, Ontario, on October 15, 2008. Judgment delivered at Toronto, Ontario, on October 15, 2008. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20081015 Docket: A-488-07 Citation: 2008 FCA 309 CORAM: LÉTOURNEAU J.A. SHARLOW J.A. PELLETIER J.A. BETWEEN: BAYER HEALTHCARE AG and BAYER INC. Appellants (Plaintiffs/Defendants by Counterclaim) and SANDOZ CANADA INCORPORATED Respondent (Defendant/Plaintiff by Counterclaim) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 15, 2008) SHARLOW J.A. [1] Bayer appeals the order of Justice Barnes (2007 FC 1068) dismissing its motion to strike paragraphs 46 to 56 of the Amended Statement of Defence and Counterclaim. We note that in certain respects Justice Barnes’ reasons may disclose some misunderstanding of the pleadings. However, despite the able submissions of counsel for Bayer, we are not persuaded that it is plain and obvious that the pleadings must fail. Therefore, the appeal will be dismissed with costs in the cause. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-488-07 APPEAL FROM THE REASONS FOR ORDER AND ORDER OF THE FEDERAL COURT (BARNES, J.), DATED OCTOBER 17, 2007, DOCKET NO. T-762-06 STYLE OF CAUSE: BAYER HEALTHCARE AG and BAYER INC. v. SANDOZ CANADA INCORPORATED PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: OCTOBER 15, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (LÉTOURNEAU, SHARLOW & PELLETIER JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Peter Choe FOR THE APPELLANT Warren Springings, Robert Shapiro, Paula Bremner FOR THE RESPONDENT SOLICITORS OF RECORD: Gowling Lafleur Henderson LLP Barristers and Solicitors Toronto, ON FOR THE APPELLANT Hitchman and Springings Barristers and Solicitors Toronto, ON FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca