Teva Canada Limited v. Janssen Inc., 2016 FC 318 (Bortezomib*)
Justice Diner - 2016-03-15
Read full decision. Automatically generated summary:
This appeal arises from a January 26, 2016 Order by a Prothonotary, refusing to grant the Defendants’ motion for bifurcation of both (i) the Plaintiff’s damages action pursuant to section 8 of the PM(NOC) Regulations in respect of Teva’s "Bortezomib for Injection product" and (ii) the Defendants’ Counterclaim for the Plaintiff’s alleged infringement of four patents, for which the Defendants seek damages and/or an accounting of the Plaintiff’s profits. In conclusion, the Defendants have failed to demonstrate that the Prothonotary’s findings were clearly wrong either in fact or law. I thus cannot find any basis to find that there was any inappropriate exercise of her discretion, let alone anything nearing a clear case of its misuse. As a result, I decline to interfere with the Order.
Decision relates to:
- T-944-15 - TEVA CANADA LIMITED v. JANSSEN INC. ET AL.