Teva Canada Innovation v. Pharmascience Inc., 2021 FC 367 (Glatiramer*)
Justice Southcott - 2021-04-26
Read full decision. Automatically generated summary:
The Plaintiffs, Teva, have brought a motion under s 50(1) of the Federal Courts Act, seeking a stay of the ongoing re-examination proceeding related to the 802 Patent until the conclusion of all appeals from the recent judgment [ 2020 FC 1158] in this Federal Court action. The Attorney General, on behalf of the Board, consents to the motion. The motion is opposed by the Defendant, Pharmascience. As explained in more detail below, this motion is granted, because Teva has met the test for a stay of the Re-examination Proceeding. It has raised a serious issue in this action, and it has established irreparable harm though the risk that claims of the 802 Patent will be held invalid in a decision in the Re-examination Proceeding inconsistent with the recent judgment in this action. Considering the balance of convenience, this harm and the public interest in avoiding inconsistent decisions surrounding patent validity outweigh the more speculative costs that Pharmascience argues it and the public may suffer as an effect of the stay delaying market availability of its product.
Decision relates to:
- T-2183-18 - TEVA CANADA INNOVATION AND OTHERS v. PHARMASCIENCE INC. AND OTHERS
- A-159-21(2022 FCA 207) - which is an appeal from this decision