Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
28287
Novopharm Ltd., et al. v. The Wellcome Foundation Limited, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-01-07 | Record returned to the Registrar of the Court of Appeal | |
| 2002-12-12 | Appeal closed | |
| 2002-12-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-12-05 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeals from the judgment of the Federal Court of Appeal, Numbers A-211-98, A-213-98, A-214-98, dated December 4, 2000, heard on February 14, 2002 are dismissed with one set of costs to the respondents on a party and party basis, payable jointly and severally by the appellants. Dismissed |
|
| 2002-02-19 | Transcript received, 106 pages | |
| 2002-02-14 | Judgment reserved OR rendered with reasons to follow | |
| 2002-02-14 |
Hearing of the appeal, 2002-02-14, CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2002-02-14 | Appellant's condensed book, distributed in Court | Novopharm Ltd. |
| 2002-02-14 | Acknowledgement and consent for video taping of proceedings | |
| 2002-02-06 | Notice of appearance, of Patrick E. Kierans et al at the hearing of the appeal | The Wellcome Foundation Limited |
| 2002-02-05 | Order on motion for additional time to present oral argument | |
| 2002-02-05 |
Decision on the motion to file a reply factum on appeal, CJ, (see decision on additional time for oral argument) Dismissed, with costs |
|
| 2002-02-05 |
Decision on motion for additional time to present oral argument, CJ, The application on behalf of the appellants for additional time for oral argument and for permission to file a reply factum is dismissed with costs. Dismissed, with costs |
|
| 2002-02-05 | Submission of motion to file a reply factum on appeal, CJ | |
| 2002-02-05 | Submission of motion for additional time to present oral argument, CJ | |
| 2002-02-04 | Correspondence received from, R. Naiberg dated Feb. 4, 2002 (fax copy) re: in response to Mr. Stanford's letter dated Feb. 1, 2002 | Apotex Inc. |
| 2002-02-01 | Correspondence received from, P. Stanford dated Feb. 1, 2002 (fax copy) re: objection to the appellant's reply | The Wellcome Foundation Limited |
| 2002-02-01 | Reply to motion to file a reply factum on appeal, (joint reply) - book form, Completed on: 2002-02-01 | Novopharm Ltd. |
| 2002-02-01 | Reply to the motion for additional time to present oral argument, (joint reply) - book form, Completed on: 2002-02-01 | Novopharm Ltd. |
| 2002-01-28 | Response to motion to file a reply factum on appeal, (bookform)(joint with response to motion for additional time), Completed on: 2002-01-28 | The Wellcome Foundation Limited |
| 2002-01-28 | Response to the motion for additional time to present oral argument, (bookfom)(joint with response to motion to file a reply factum), Completed on: 2002-01-28 | The Wellcome Foundation Limited |
| 2002-01-22 | Motion to file a reply factum on appeal, (bookform)(joint with motion for additional time), Completed on: 2002-01-22 | Novopharm Ltd. |
| 2002-01-22 | Motion for additional time to present oral argument, of 2 hours in total (bookform) (joint with motion to file a reply factum), Completed on: 2002-01-22 | Novopharm Ltd. |
| 2001-12-04 |
Appeal hearing scheduled, 2002-02-14 Judgment reserved |
|
| 2001-11-13 | Respondent's record, Completed on: 2001-11-13 | The Wellcome Foundation Limited |
| 2001-11-13 | Respondent's book of authorities, Completed on: 2001-11-13 | The Wellcome Foundation Limited |
| 2001-11-13 | Respondent's factum, in response to Novopharm Ltd. (see order), Completed on: 2001-11-13 | The Wellcome Foundation Limited |
| 2001-11-13 | Respondent's factum, in response to Apotex Inc. - (see order), Completed on: 2001-11-13 | The Wellcome Foundation Limited |
| 2001-10-12 | Appeal perfected for hearing, Session beginning on 2002-01-14 | |
| 2001-10-03 |
Decision on motion to extend time, Reg, to serve and file the factum of the respondents The Wellcome Foundation Ltd. and Glaxo Wellcome Inc. to Nov. 12, 2001. Granted, no order as to costs |
|
| 2001-10-03 | Submission of motion to extend time, Reg | |
| 2001-09-27 | Response to motion to extend time, (Letter Form), letter from Richard Naiberg (by fax) dated Sept. 21/01, Completed on: 2001-09-27 | Apotex Inc. |
| 2001-09-27 | Response to motion to extend time, (Letter Form), letter from Carol Hitchman dated Sept. 27/01, Completed on: 2001-09-27 | Novopharm Ltd. |
| 2001-09-24 | Motion to extend time, to file the Respondent's factum to Nov. 12/01, Completed on: 2001-09-24 | The Wellcome Foundation Limited |
| 2001-08-22 | Appellant's factum, (factum previously filed Aug. 17/01with service - replaced with more legible factum) (25 copies), Completed on: 2001-08-22 | Apotex Inc. |
| 2001-08-20 | Certificate of taxation issued to, Nelligan | |
| 2001-08-20 | Decision on the bill of costs, taxed at $2,126.03, Reg | |
| 2001-08-17 | Appellant's book of authorities, Vol. I to III (joint appellants' authorities), Completed on: 2001-08-17 | Novopharm Ltd. |
| 2001-08-17 | Appellant's record, Vol. I to VI (joint appellants' record), Completed on: 2001-08-17 | Novopharm Ltd. |
| 2001-08-17 | Appellant's factum, Completed on: 2001-08-17 | Novopharm Ltd. |
| 2001-07-18 | Reply to the bill of costs, Completed on: 2001-07-18 | Novopharm Ltd. |
| 2001-06-29 | Submission of the bill of costs, Reg | |
| 2001-06-21 | Response to the bill of costs, Completed on: 2001-06-21 | The Wellcome Foundation Limited |
| 2001-06-08 | Bill of costs, Completed on: 2001-06-08 | Novopharm Ltd. |
| 2001-05-30 | Appeal court record, (31 boxes - enclosing 6 boxes of Exhibits (26 to 31)) | |
| 2001-04-27 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-27 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-26 | Order granting leave to appeal | |
| 2001-04-26 | Notice of appeal, (fax copy), Completed on: 2001-04-26 | Novopharm Ltd. |
| 2001-04-17 | Notice of appeal, Completed on: 2001-04-26 | Apotex Inc. |
| 2001-04-17 | General proceeding, (consent to the use the same agent Nelligan, O'Brien) | Novopharm Ltd. |
| 2001-03-16 | Notice of deposit of judgment issued to all parties | |
| 2001-03-15 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal are granted with costs to the applicant Novopharm Ltd. in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2001-02-16 | Book of authorities, (vol. I and II) re: leave application by Apotex Inc. (sent to Panel Feb. 19/01), Completed on: 2001-02-16 | Apotex Inc. |
| 2001-02-05 | All materials on application for leave submitted to the Judges, L'HD Arb LeB | |
| 2001-02-05 | Submission of motion to expedite the application for leave to appeal, L'HD Arb LeB | |
| 2001-02-05 | Book of authorities, (vol. 1 and 2) re: leave application by Novopharm, Completed on: 2001-02-05 | The Wellcome Foundation Limited |
| 2001-02-05 | Book of authorities, re: leave application by Apotex, Completed on: 2001-02-06 | The Wellcome Foundation Limited |
| 2001-01-31 | Applicant's reply to respondent's argument, Completed on: 2001-01-31 | Apotex Inc. |
| 2001-01-30 | Applicant's reply to respondent's argument, Completed on: 2001-01-30 | Novopharm Ltd. |
| 2001-01-22 | Respondent's response on the application for leave to appeal, (responding to Apotex) - 6 copies, Completed on: 2001-01-22 | The Wellcome Foundation Limited |
| 2001-01-22 | Respondent's response on the application for leave to appeal, (responding to Novopharm) - 6 copies, Completed on: 2001-02-09 | The Wellcome Foundation Limited |
| 2001-01-22 | Correspondence received from, Ogilvy, Renault dated Jan. 22, 2001 re: requesting that leave applications be expedited | The Wellcome Foundation Limited |
| 2001-01-04 | Correspondence received from, P. Bremmer dated Jan. 4, 2001 (fax copy) re: enclosing pages 12 to 26 that were missing in leave book | Novopharm Ltd. |
| 2000-12-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, (Second Application) | |
| 2000-12-28 | Letter acknowledging receipt of a complete application for leave to appeal, (First Application) | |
| 2000-12-22 | Motion to expedite the application for leave to appeal, (Tab 2 of Leave Application Book), Completed on: 2001-01-11 | Apotex Inc. |
| 2000-12-22 | Application for leave to appeal, (Second Application), Completed on: 2001-01-11 | Apotex Inc. |
| 2000-12-22 | Correspondence received from, C. Hitchman dated Dec. 22/00 re: Application for Leave to Appeal to be conducted on an expedited basis | Novopharm Ltd. |
| 2000-12-22 | Application for leave to appeal, Vol. I to III and Appendix (application for leave to be expedited - Vol. III page 19) (First Application), Completed on: 2000-12-22 | Novopharm Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Novopharm Ltd. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Wellcome Foundation Limited | Respondent | Active |
| Glaxo Wellcome Inc. | Respondent | Active |
| Apotex Inc. | Respondent | Active |
| Interpharm Inc. and Allen Barry Shechtman | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Wellcome Foundation Limited | Respondent | Active |
| Glaxo Wellcome Inc. | Respondent | Active |
| Novopharm Ltd. | Respondent | Active |
Counsel
Party: Novopharm Ltd.
Counsel
Warren Sprigings
Paula Bremner
1200 - 80 Richmond St West
Toronto, Ontario
M5H 2A4
Telephone: (416) 777-2270
FAX: (416) 777-2271
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Apotex Inc.
Counsel
Richard Naiberg
David Scrimger
250 Yonge Street
Suite 2400, Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: hradomski@goodmans.ca
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: The Wellcome Foundation Limited
Counsel
Peter J. Stanford
Kenneth E. Sharpe
Brian R. Daley
Suite 1100, P.O. Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 216-3904
FAX: (416) 977-5239
Email: pkierans@ogilvyrenault.com
Agent
1600 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Glaxo Wellcome Inc.
Counsel
Peter J. Stanford
Suite 1100, P.O. Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 216-3904
FAX: (416) 977-5239
Email: pkierans@ogilvyrenault.com
Agent
1600 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Interpharm Inc. and Allen Barry Shechtman
Counsel
Peter J. Stanford
Suite 1100, P.O. Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 216-3904
FAX: (416) 977-5239
Email: pkierans@ogilvyrenault.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Federal Court of Canada, Trial Division
T-2624-91, T-2983-93, T-3197-90
Patent No. 1,238,277 declared valid; claims therein declared invalid; Applicants Apotex Inc. and Novopharm Ltd. declared to have infringed several claims; Applicants Apotex Inc. and Novopharm Ltd., and Respondent Interpharm Inc. enjoined from commercial
Federal Court of Appeal
A-211-98, A-213-98, A-214-98
Patent No. 1,238,277 declared valid; most claims therein declared invalid; Applicants Apotex Inc. and Novopharm Ltd., and Respondent Interpharm Inc. enjoined from commercial practice or use of AZT in pharmaceutical dosage form as disclosed in said Patent
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available