Decision

Janssen Inc. v. Teva Canada Limited, 2012 FCA 137 (Levofloxacin*)

Justice Sharlow; Justice Pelletier; Justice Stratas - 2012-05-03

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This is an appeal of an interlocutory order, the reasons for which are reported at 2011 FC 1480, in which the trial judge exercised his discretion to dismiss a motion for the joinder of parties. The motion was made following the infringement/liability portion of a patent infringement action which was bifurcated. The plaintiffs/appellants seek to add additional parties as plaintiffs on the basis that they are entitled to damages as persons claiming through the patentee.

Decision relates to:

 

Canadian Intellectual Property