Hässle v. Apotex Inc.
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Hässle v. Apotex Inc. Court (s) Database Federal Court of Appeal Decisions Date 2006-10-18 Neutral citation 2006 FCA 338 File numbers A-586-05 Decision Content Date: 20061018 Docket: A-586-05 Citation: 2006 FCA 338 CORAM: LINDEN J.A. NADON J.A. MALONE J.A. BETWEEN: AKTIEBOLAGET HÄSSLE Appellant and APOTEX INC. Respondent Heard at Toronto, Ontario, on October 18, 2006. Judgment delivered from the Bench at Toronto, Ontario, on October 18, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20061018 Docket: A-586-05 Citation: 2006 FCA 338 CORAM: LINDEN J.A. NADON J.A. MALONE J.A. BETWEEN: AKTIEBOLAGET HÄSSLE Appellant and APOTEX INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 18, 2006) NADON J.A. [1] On the basis of the allegations found in paragraph 53 of Apotex’ Amended Statement of Claim and paragraph 53 of its second Amended Statement of Claim we are satisfied that the Judge made no error in reversing the Prothonotary’s Order concerning questions 75 (both), 77, 82 and 86. [2] In our view, as the paragraph 53 allegations are directed solely to statements made by Hässle in patents other than the one at issue in this appeal, the answers which Hässle seeks through its questions are clearly irrelevant. [3] The appeal will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-586-05 APPEAL FROM THE ORDER OF THE HONOURABLE MR.JUSTICE HUGHES D…
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Hässle v. Apotex Inc. Court (s) Database Federal Court of Appeal Decisions Date 2006-10-18 Neutral citation 2006 FCA 338 File numbers A-586-05 Decision Content Date: 20061018 Docket: A-586-05 Citation: 2006 FCA 338 CORAM: LINDEN J.A. NADON J.A. MALONE J.A. BETWEEN: AKTIEBOLAGET HÄSSLE Appellant and APOTEX INC. Respondent Heard at Toronto, Ontario, on October 18, 2006. Judgment delivered from the Bench at Toronto, Ontario, on October 18, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20061018 Docket: A-586-05 Citation: 2006 FCA 338 CORAM: LINDEN J.A. NADON J.A. MALONE J.A. BETWEEN: AKTIEBOLAGET HÄSSLE Appellant and APOTEX INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on October 18, 2006) NADON J.A. [1] On the basis of the allegations found in paragraph 53 of Apotex’ Amended Statement of Claim and paragraph 53 of its second Amended Statement of Claim we are satisfied that the Judge made no error in reversing the Prothonotary’s Order concerning questions 75 (both), 77, 82 and 86. [2] In our view, as the paragraph 53 allegations are directed solely to statements made by Hässle in patents other than the one at issue in this appeal, the answers which Hässle seeks through its questions are clearly irrelevant. [3] The appeal will therefore be dismissed with costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-586-05 APPEAL FROM THE ORDER OF THE HONOURABLE MR.JUSTICE HUGHES DATED NOVEMBER 21, 2005, DOCKET NO. T-2146-03 STYLE OF CAUSE: Aktiebolaget Hässle v. Apotex Inc. PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: October 18, 2006 REASONS FOR JUDGMENT OF THE COURT BY: Linden, Nadon & Malone JJ.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Mark G. Biernacki FOR THE APPELLANT David Lederman FOR THE RESPONDENT SOLICITORS OF RECORD: Smart & Biggar Toronto, Ontario FOR THE APPELLANT Goodmans LLP Toronto, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca