Decision

Boehringer Ingelheim (Canada) Ltd. v. Apotex Inc., 2024 FC 2025 (Empagliflozin*)

Associate Justice Duchesne - 2024-10-25

Read full decision. Automatically generated summary:

The parties are engaged in litigation commenced pursuant to subsection 6(1) of the PM(NOC) Regulations. The trial of this action is scheduled to commence 3 calendar days after the date upon which this motion was argued. ... The Defendant nevertheless objects to leave being granted to permit the content of paragraphs 6 to 38 of the Proposed Reply Report to be introduced as evidence at trial. Those paragraphs set out Dr. Wuest’s reply opinion on what he describes as “Dr. Zaworotko’s Contradiction of [REDACTED] Own Conclusion About Its Product” ... The Court agrees with the Plaintiffs for the reasons that follow. Leave will be granted to the Plaintiffs to introduce the Proposed Reply Report as trial evidence.

Decision relates to:

  • T-641-23 - BOEHRINGER INGELHEIM (CANADA) LTD. et Al. v. APOTEX INC.

 

Canadian Intellectual Property