Docket

31881

Apotex Inc. v. Sanofi-Synthelabo Canada Inc., et al.

(Federal Court) (Civil) (By Leave)

(Sealing order)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2009-05-15 Appeal closed
2009-05-15 Discontinuance of the bill of costs, (e-mail sent by Gowling, re.: withdrawal of Taxation request) Sanofi-Synthelabo Canada Inc.
2009-05-04 Bill of costs, Completed on: 2009-05-15 Sanofi-Synthelabo Canada Inc.
2008-11-07 Formal judgment sent to the registrar of the court of appeal and all parties
2008-11-07 Judgment on appeal and notice of deposit of judgment sent to all parties
2008-11-06 Judgment on the appeal rendered, Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Number A-168-05, 2006 FCA 421, dated December 22, 2006, heard on April 16, 2008, is dismissed with costs.
Dismissed, with costs
2008-10-27 Correspondence received from, Anthony G. Creber dated Oct. 27/08 joint with a recent decision of the UK High Court of Justice Patents Court in ''Generics (UK) Limited v. Daiichi Pharmaceutical Co. Ltd., et al'' (sent to the judges Oct. 30/08) Sanofi-Synthelabo Canada Inc.
2008-05-08 Correspondence received from, Rick Woyiwada dated May 8, 2008. Re: Consent on the filing of tha Appellant's authorities Minister of Health
2008-05-07 Correspondence received from, Ed Van Bemmel dated May 7, 2008. Re: Consent on the filing of the Appellant's authorities Sanofi-Synthelabo Canada Inc.
2008-05-05 Appellant's book of authorities, Third Supplementary (Sent to bench on May 9, 2008), Completed on: 2008-05-05 Apotex Inc.
2008-05-02 Transcript received, (82 pages)
2008-04-16 Judgment reserved OR rendered with reasons to follow
2008-04-16 Respondent's condensed book, submitted in Court (14 copies) Sanofi-Synthelabo Canada Inc.
2008-04-16 Appellant's condensed book, submitted in Court (14 copies) Apotex Inc.
2008-04-16 Acknowledgement and consent for video taping of proceedings, from all parties
2008-04-16 Hearing of the appeal, 2008-04-16, Bi LeB De F Abe Cha Ro
Judgment reserved
2008-04-15 Response to motion to strike out, (Letter Form), (sent to the judges Apr.15/08), Completed on: 2008-04-15 BIOTECanada
2008-04-11 Respondent's book of authorities, (supplemental), Completed on: 2008-04-14 Sanofi-Synthelabo Canada Inc.
2008-04-11 Motion to strike out, paragraphs 49 and 50 of the factum of BIOTECanada (to be heard at the hearing of the appeal)(bookform)(sent to the Court Apr. 11/08), Completed on: 2008-04-11 Apotex Inc.
2008-04-02 Notice of appearance, from M-F. Major, by fax, dated April 2/08 re: Edward Hore will be appearing Canadian Generic Pharmaceutical Association
2008-04-02 Notice of appearance, from Ed Van Bemmel, by e-mail dated April 2/08 re: Anthony G. Creber and Cristin A. Wagner will be appearing Sanofi-Synthelabo Canada Inc.
2008-04-02 Notice of appearance, from S. Grace, by fax, dated Apr. 2/08 re: Peter Wilcox and Jana Stettner will be appearing BIOTECanada
2008-04-02 Notice of appearance, from S. Gomery, by fax, dated Apr. 2/08 re: Patrick Kierans, Jason Markwell and Cynthia Tape will be appearing Canada's Research-Based Pharmaceutical Companies
2008-04-02 Notice of appearance, H.B. Radomski, by fax, dated April 2/08 re: Mr. Radomski, Richard Naiberg, A.R. Brodkin and Miles Hastie will be appearing Apotex Inc.
2008-04-02 Notice of appearance, from F.B. Woyiwada, by fax, dated Apr. 2/08 re: will not be appearing Minister of Health
2008-04-02 Appellant's book of authorities, (supplemental), Completed on: 2008-04-02 Apotex Inc.
2008-03-31 Correspondence received from, H.B. Radomski dated March 31/08 re: confirms at the Court's request that he will not disclose confidential information or evidence in oral argument Apotex Inc.
2008-03-31 Correspondence received from, H.B. Radomski dated March 31/08 re: intends to object to the intervener BIOTECanada issues at paragraphs 49 and 50 of their factum at the appeal hearing Apotex Inc.
2008-03-25 Intervener's book of authorities, Completed on: 2008-03-25 Canada's Research-Based Pharmaceutical Companies
2008-03-25 Intervener's factum, Completed on: 2008-03-25 Canada's Research-Based Pharmaceutical Companies
2008-03-25 Intervener's book of authorities, Completed on: 2008-03-25 BIOTECanada
2008-03-25 Intervener's factum, Completed on: 2008-04-10 BIOTECanada
2008-03-25 Intervener's book of authorities, Completed on: 2008-03-25 Canadian Generic Pharmaceutical Association
2008-03-25 Intervener's factum, Completed on: 2008-03-25 Canadian Generic Pharmaceutical Association
2008-03-17 Correspondence received from, (e-mail) Nelligan; the index of the appellant's record is in itself not confidential Apotex Inc.
2008-02-28 Notice of hearing sent to parties
2008-02-28 Appeal hearing scheduled, 2008-04-16, (previously Apr. 21 and May15/08)
Judgment reserved
2008-01-30 Supplemental document, (Book of Authorities), Completed on: 2008-01-30 Apotex Inc.
2008-01-28 Letter sent to Intervener(s)
2008-01-28 Order on motion for leave to intervene, (BY BINNIE J.)
2008-01-28 Decision on the motion for leave to intervene, Bi, The motion for leave to intervene by the BIOTECanada is granted and the intervener shall be entitled to serve and file a factum not to exceed 15 pages in length.
The motion for leave to intervene by the Canadian Generic Pharmaceutical Association is granted and the intervener shall be entitled to serve and file a factum not to exceed 15 pages in length. The motion to adduce evidence is dismissed.
The motion for an extension of time to apply for leave to intervene and for leave to intervene by the Canada’s Research-Based Pharmaceutical Companies is granted and the intervener shall be entitled to serve and file a factum not to exceed 15 pages in length. The motion to adduce evidence is dismissed.
Each of the interveners is granted leave to make oral submissions not exceeding 10 minutes in length.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention.
Allowed in part
2008-01-28 Submission of motion for leave to intervene, Bi
2008-01-25 Correspondence received from, H.B. Radomski dated January 24, 2008 RE: including supplemental autorities, book form and 14 copies requested Apotex Inc.
2008-01-21 Respondent's book of authorities, (2 volumes), Completed on: 2008-01-21 Sanofi-Synthelabo Canada Inc.
2008-01-21 Respondent's factum, (new CD rec'd Jan. 31/08 - on extra copy rec'd Feb. 5/08), Completed on: 2008-01-31 Sanofi-Synthelabo Canada Inc.
2008-01-21 Reply to the motion for leave to intervene, (Letter Form), from Patrick E. Kierans dated Jan. 21/08 (by fax), Completed on: 2008-01-21 Canada's Research-Based Pharmaceutical Companies
2008-01-16 Response to the motion for leave to intervene, (Letter Form), from H.B. Radomski dated Jan. 16/08 (by Can. Research-Based Pharmaceutical), Completed on: 2008-01-16 Apotex Inc.
2008-01-14 Response to the motion for leave to intervene, (bookform) (by Can. Research-Based Pharmaceutical), Completed on: 2008-01-14 Sanofi-Synthelabo Canada Inc.
2008-01-03 Appeal perfected for hearing
2007-12-18 Reply to the motion for leave to intervene, Completed on: 2007-12-18 Canadian Generic Pharmaceutical Association
2007-12-18 Motion for leave to intervene, (bookform) (joint with an extension of time), Completed on: 2007-12-18 Canada's Research-Based Pharmaceutical Companies
2007-12-17 Reply to the motion for leave to intervene, (bookform), Completed on: 2007-12-17 BIOTECanada
2007-12-14 Response to the motion for leave to intervene, (bookform) (by Can. Generic and BIOTECanada), Completed on: 2007-12-14 Sanofi-Synthelabo Canada Inc.
2007-12-11 Response to the motion for leave to intervene, (Letter Form), from H.B. Radomski dated Dec. 11/07 (by CGPA and BIOTECanada), Completed on: 2007-12-11 Apotex Inc.
2007-12-04 Motion for leave to intervene, (bookform), Completed on: 2007-12-04 Canadian Generic Pharmaceutical Association
2007-12-03 Motion for leave to intervene, (bookform), Completed on: 2007-12-03 BIOTECanada
2007-11-23 Correspondence received, from Sally Gomery (Ogilvy Renault) dated Nov. 23/07 re : intervention by "Rx&D"
2007-11-06 Appellant's book of authorities, (Vol. I to IV), Completed on: 2007-11-06 Apotex Inc.
2007-11-06 Appellant's record, (Vol. I to XXIII - vol. 3, 10, 11 and 20 are sealed) (CD-Rom ncluded, sealed), Completed on: 2007-11-06 Apotex Inc.
2007-11-06 Appellant's factum, (pages replaced in factum on Nov. 14/07 re: typographical errors with service and consents - service of interveners Feb. 21/08), Completed on: 2007-11-06 Apotex Inc.
2007-08-14 Notice of appeal, Completed on: 2007-08-14 Apotex Inc.
2007-08-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2007-07-06 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-07-06 Judgment on leave sent to the parties
2007-07-05 Judgment of the Court on the application for leave to appeal, The motion for leave to intervene by the Canadian Generic Pharmaceutical Association is dismissed. The motion to file a lengthy memorandum is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-168-05, 2006 FCA 421, dated December 22, 2006, is granted with costs to the applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2007-07-05 Decision on motion to file a lengthy memorandum of argument, see above judgment
Granted
2007-07-05 Decision on motion for leave to intervene, see above judgment
Dismissed
2007-06-20 Correspondence received from, T. Hockley dated June 20/07 re: Minister of Health takes no position with respect to the supplementary authority filed by the respondents Sanofi (by e-mail) Minister of Health
2007-06-19 Correspondence received from, A. G. Creber dated June 19/07 re: enclosing a supplemental authority (sent to the judges June 21/07) Sanofi-Synthelabo Canada Inc.
2007-06-19 Correspondence received from, T. Hockley dated June 19/07 re: Minister of Health takes no position with respect to the supplementary authorities (by e-mail) Minister of Health
2007-06-18 Correspondence received from, A. G. Creber dated June 18/07 re: respondents Sanofi take no position with respect to the supplementary authorities (sent to the judges June 19/07) Sanofi-Synthelabo Canada Inc.
2007-06-13 Correspondence received from, H. B. Radomski dated June 12/07 re: enclosing supplementary authorities (sent to the judges June 19/07) Apotex Inc.
2007-06-13 Book of authorities, (SUPPLEMENTARY AUTHORITIES - sent to the judges June 19/07) Apotex Inc.
2007-05-22 All materials on application for leave submitted to the Judges, CJ Cha Ro
2007-05-22 Submission of motion for leave to intervene, CJ Cha Ro
2007-05-22 Submission of motion to file a lengthy memorandum of argument, CJ Cha Ro
2007-05-15 Correspondence received from, A. G. Creber dated May 15/07 with service re: additional authorities filed by the applicant Sanofi-Synthelabo Canada Inc.
2007-05-03 Supplemental document, additional authorities Apotex Inc.
2007-04-10 Reply to the motion for leave to intervene., (Bookform), Completed on: 2007-04-10 Canadian Generic Pharmaceutical Association
2007-04-10 Response to the motion for leave to intervene, (Letter Form), from Miles Hastie dated April 10/07, Completed on: 2007-04-10 Apotex Inc.
2007-04-04 General proceeding, Protective order of Federal Court Sanofi-Synthelabo Canada Inc.
2007-04-02 Applicant's reply to respondent's argument, Completed on: 2007-04-03 Apotex Inc.
2007-04-02 Response to the motion for leave to intervene, (book form)(proof of service received April 4, 2007)
(3 add. copies requested - Rec'd on April 11, 2007), Completed on: 2007-04-11
Sanofi-Synthelabo Canada Inc.
2007-03-22 Book of authorities Sanofi-Synthelabo Canada Inc.
2007-03-22 Respondent's response on the application for leave to appeal, vol. I & II (vol. II of response sealed), Completed on: 2007-03-26 Sanofi-Synthelabo Canada Inc.
2007-03-21 Motion for leave to intervene, (bookform) (3 add. copies requested - Rec'd on April 11, 2007), Completed on: 2007-04-11 Canadian Generic Pharmaceutical Association
2007-02-28 Book of authorities, (3 volumes) Apotex Inc.
2007-02-21 Letter acknowledging receipt of a complete application for leave to appeal
2007-02-20 Motion to file a lengthy memorandum of argument, included in leave appl., Completed on: 2007-02-20 Apotex Inc.
2007-02-20 Application for leave to appeal, motion to file lengthy memorandum included in leave, Completed on: 2007-02-21 Apotex Inc.