Teve Canada Limited v. Bayer et al., 2020 FCA 86
| Court | Federal Court of Appeal (Canada) |
| Case Date | May 14, 2020 |
| Jurisdiction | Canada (Federal) |
| Citations | 2020 FCA 86 |
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16 practice notes
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Table of Cases
...40, 41 Apotex Inc v Astrazeneca Canada Inc, 2009 FC 120 .........................................226 Apotex Inc v Bayer Inc, 2020 FCA 86 .......................................................231, 236 Apotex Inc v Canada (Attorney General), [1994] 1 FC 742, af’d [1994] 3 SCR 1100.................
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The Patented Medicines (Notice of Compliance) Regulations
...out their obligations under these Regulations or has not reasonably cooperated in expediting the action.” 119 Apotex Inc v Bayer Inc , 2020 FCA 86 at paras 132–34 [ Apotex v Bayer ], dealing with the rule in s 6.02 limiting joinder of actions to an action commenced under s 6(1). 120 PM(NOC)......
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Brink’s Global Services Korea Ltd. v. Woowon Sea & Air Co. Ltd., 2022 FC 1512
...of law and fact where there is an extricable principle of law: Housen v Nikolaisen, 2002 SCC 33 at para 36; Apotex Inc v Bayer Inc, 2020 FCA 86 [Bayer] at paras 30-31 The Federal Court of Appeal put it this way in Bayer: “[31] Consequently, questions of fact and mixed questions of la......
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Havi Global Solutions LLC v. IS Container PTE Ltd., 2020 FC 803
...of Rheumatology, 2016 FCA 215 at paras 2, 28, 66, 68 [Hospira]; Housen v Nikolaisen, 2002 SCC 33 at paras 19-37; Apotex Inc v Bayer Inc, 2020 FCA 86 at paras 30-31). [27] While the parties disagree on whether the Prothonotary’s application of the Rule 84(2) factors potentially gives rise to......
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9 cases
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Brink’s Global Services Korea Ltd. v. Woowon Sea & Air Co. Ltd., 2022 FC 1512
...of law and fact where there is an extricable principle of law: Housen v Nikolaisen, 2002 SCC 33 at para 36; Apotex Inc v Bayer Inc, 2020 FCA 86 [Bayer] at paras 30-31 The Federal Court of Appeal put it this way in Bayer: “[31] Consequently, questions of fact and mixed questions of la......
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Havi Global Solutions LLC v. IS Container PTE Ltd., 2020 FC 803
...of Rheumatology, 2016 FCA 215 at paras 2, 28, 66, 68 [Hospira]; Housen v Nikolaisen, 2002 SCC 33 at paras 19-37; Apotex Inc v Bayer Inc, 2020 FCA 86 at paras 30-31). [27] While the parties disagree on whether the Prothonotary’s application of the Rule 84(2) factors potentially gives rise to......
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Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FC 37
...may look to the RIAS to help interpret the PMNOC Regulations as the Federal Court of Appeal recently did in Apotex Inc. v. Bayer Inc., 2020 FCA 86 at para 53. [22] While there is a requirement to provide a detailed statement relating to the legal and factual basis for any allegation of inva......
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Takeda Canada Inc. v. Apotek Inc., 2023 FC 63
...of proceedings and the promotion of expeditious and inexpensive determination of those proceedings” (Apotex Inc v Bayer Inc et al, 2020 FCA 86 at para 45). In determining such motions, the Court may consider the following factors: - the commonality of parties; - common legal and fact......
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5 firm's commentaries
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Federal Court of Appeal sets aside Order for common trial across multiple actions under PMNOC Regulations
...patent validity issues common to four separate actions be heard in a concurrent trial: Apotex Inc and Teva Canada Limited v Bayer Inc, 2020 FCA 86, rev’g 2019 FC 1039. The FCA held that the decision below was inconsistent with the prohibition against joinder of actions under section 6.02 of......
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Federal Court Of Appeal Sets Aside Order For Common Trial Across Multiple Actions Under PMNOC Regulations
...patent validity issues common to four separate actions be heard in a concurrent trial: Apotex Inc and Teva Canada Limited v Bayer Inc, 2020 FCA 86, rev'g 2019 FC 1039. The FCA held that the decision below was inconsistent with the prohibition against joinder of actions under section 6.02 of......
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FCA Gives Guidance For Common PM(NOC) Trials Involving Multiple Actions
...Nothing in the Regulations supports the entitlement to a first-mover advantage in Canada. The case is Apotex Inc. v. Bayer Inc., 2020 FCA 86. Originally published 25 May 2020 About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the world's preeminent......
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Four's A Crowd: Federal Court Of Appeal Overturns Order To Trial Of Common Issues
...COVID-19 pandemic on timelines of cases under the PM(NOC) Regulations remains to be seen. Footnotes 1 Teva Canada Limted v. Bayer et al., 2020 FCA 86 2 Ibid. at para. 3 Ibid. at para. 124 Originally published May 21, 2020 The content of this article is intended to provide a general guide to......
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2 books & journal articles
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Table of Cases
...40, 41 Apotex Inc v Astrazeneca Canada Inc, 2009 FC 120 .........................................226 Apotex Inc v Bayer Inc, 2020 FCA 86 .......................................................231, 236 Apotex Inc v Canada (Attorney General), [1994] 1 FC 742, af’d [1994] 3 SCR 1100.................
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The Patented Medicines (Notice of Compliance) Regulations
...out their obligations under these Regulations or has not reasonably cooperated in expediting the action.” 119 Apotex Inc v Bayer Inc , 2020 FCA 86 at paras 132–34 [ Apotex v Bayer ], dealing with the rule in s 6.02 limiting joinder of actions to an action commenced under s 6(1). 120 PM(NOC)......