Bayer Inc. v. Teva Canada Limited, 2019 FC 1370 (Rivaroxaban*)
Justice Pentney - 2019-10-31
Read full decision. Summary prepared by Alan Macek:
[Note: this decision is from 2019 but only published now] The Plaintiffs, Bayer Inc. and Bayer Intellectual Property GmbH (Bayer) brought a motion pursuant to Rule 220(1)(b)... to determine whether they require leave of the Court to rely on certain evidence of studies of their patented drug, rivaroxaban, at the trial ... The Defendants take the position that the Notice to the Profession on Experimental Testing (Notice) issued by the Chief Justice on behalf of the Court applies to this testing ... For the reasons set out below, I am not persuaded that the Notice applies in these circumstances. However, the question of whether Bayer can rely on the test results at trial is not closed, since the issue may be argued by the parties at trial. ... Bayer argues that the Notice does not apply to the evidence it intends to introduce because the testing was done before the commencement of the litigation.
Decision relates to:
- T-1960-18 - BAYER INC. and BAYER INTELLECTUAL PROPERTY GMBH v. TEVA CANADA LMT.
- T-2093-18 - BAYER INC. et al v. APOTEX INC.
- T-435-19 - BAYER INC. et al v. TARO PHARMACEUTICALS INC.
- T-806-19 - BAYER INC ET AL. v. SANDOZ CANADA INC.