VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Neutral Citation | 2021 FCA 122 |
| Citation | 2021 FCA 122 |
| Date | 16 June 2021 |
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9 practice notes
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Canada v. Witchekan Lake First Nation, 2023 FCA 105
...215 must be interpreted and applied consistently with the objectives in Rule 3 (ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 37 [ViiV Healthcare]). Rule 3 seeks to “secure the just, most expeditious and least expensive outcome o......
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...Inc. v. Pharmascience Inc., 2022 FCA 143, 196 C.P.R. (4th) 120 at para. 38; Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 56; Evolution Technologies Inc. v. Human Care Canada Inc., 2019 FCA 209, 167 C.P.R. (4th) 285 at para. 17; ABB Tec......
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Kilback v. Canada, 2023 FCA 96
...LLC v. 2424508 Ontario Ltd., 2019 FC 1524, and cited with approval by this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39. See also Gemak Trust v. Jempak Corporation, 2022 FCA 141 at paras. [32] Although the Minister bore the burden of establishing th......
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Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc., 2023 FCA 185
...or substituted with something else: ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 486 at para. 175, aff’d 2021 FCA 122, leave to appeal denied [2021] S.C.C.A. No. 306. This is so even if the allegedly infringing device performs substantially the same function as th......
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7 cases
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Canada v. Witchekan Lake First Nation, 2023 FCA 105
...215 must be interpreted and applied consistently with the objectives in Rule 3 (ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 37 [ViiV Healthcare]). Rule 3 seeks to “secure the just, most expeditious and least expensive outcome o......
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...Inc. v. Pharmascience Inc., 2022 FCA 143, 196 C.P.R. (4th) 120 at para. 38; Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 56; Evolution Technologies Inc. v. Human Care Canada Inc., 2019 FCA 209, 167 C.P.R. (4th) 285 at para. 17; ABB Tec......
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Kilback v. Canada, 2023 FCA 96
...LLC v. 2424508 Ontario Ltd., 2019 FC 1524, and cited with approval by this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39. See also Gemak Trust v. Jempak Corporation, 2022 FCA 141 at paras. [32] Although the Minister bore the burden of establishing th......
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Deeproot Green Infrastructure, LLC v. Greenblue Urban North America Inc., 2023 FCA 185
...or substituted with something else: ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 486 at para. 175, aff’d 2021 FCA 122, leave to appeal denied [2021] S.C.C.A. No. 306. This is so even if the allegedly infringing device performs substantially the same function as th......
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2 firm's commentaries
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Federal Court Of Appeal Finds Summary Trial Appropriate, Upholds Dismissal Of ViiV's Action For Patent Infringement Re: Gilead's BIKTARVY
...as one of three medicinal ingredients in BIKTARVY (see our article here): ViiV Healthcare Company v Gilead Sciences Canada, Inc, 2021 FCA 122. The Court of Appeal also dismissed appeals from three interlocutory orders of the Federal Court, including the dismissal of ViiV's motion to quash t......
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Federal Court Of Appeal Affirms: Summary Adjudication Of Patent Disputes Is Viable In Canada
...decision ViiV Healthcare Company v Gilead Sciences Canada Inc. 2021 FCA 122 the Federal Court of Appeal has affirmed one of the first patent infringement actions to be heard by way of summary trial (discussed in our previous blog here) and, in doing so, offered clarity in the law pertaining......