Case information
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37124
Amgen Canada Inc., et al. v. Apotex Inc., 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) |
|---|---|---|
| 2016-11-03 | Close file on Leave | |
| 2016-10-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-10-28 | Judgment on leave sent to the parties | |
| 2016-10-27 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number, A-501-15, 2016 FCA 196, dated July 15, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-10-27 |
Decision on motion to expedite the application for leave to appeal, See judgment on leave application. Granted |
|
| 2016-10-03 | All materials on application for leave submitted to the Judges, Mo Côt Br | |
| 2016-10-03 | Submission of motion to expedite the application for leave to appeal, Mo Côt Br | |
| 2016-09-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) | Amgen Canada Inc. |
| 2016-09-09 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2016-09-12) | Apotex Inc. |
| 2016-09-08 | Notice of name, (Letter Form), (Electronic version filed on 2016-09-20) | Apotex Inc. |
| 2016-09-08 | Respondent's response on the application for leave to appeal, (Book Form), (6 volumes), Completed on: 2016-09-08, (Electronic version filed on 2016-09-20) | Apotex Inc. |
| 2016-08-31 | Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2016-08-31, (Printed version filed on 2016-08-31) | Apotex Inc. |
| 2016-08-22 | Motion to expedite the application for leave to appeal, (Book Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-22) | Amgen Canada Inc. |
| 2016-08-16 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-16) | Minister of Health |
| 2016-08-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/08/10 | |
| 2016-08-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-09) | Amgen Canada Inc. |
| 2016-08-09 | Notice of name, (Letter Form), (Electronic version filed on 2016-08-09) | Amgen Canada Inc. |
| 2016-08-09 | Application for leave to appeal, (Book Form), Completed on: 2016-08-10, (Electronic version filed on 2016-08-09) | Amgen Canada Inc. |
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 |
|---|---|---|
| Amgen Canada Inc. | Applicant | Active |
| Amgen Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Respondent | Active |
| Minister of Health | Respondent | Active |
Counsel
Party: Amgen Canada Inc.
Counsel
Andrew E. Bernstein
Yael Bienenstock
Nicole Mantini
3000 - 79 Wellington Street West
Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7380
FAX: (416) 865-7380
Email: ashaughnessy@torys.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Amgen Inc.
Counsel
Andrew E. Bernstein
Yael S. Bienenstock
Nicole Mantini
3000 - 79 Wellington Street West
Box 270, TD Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-7380
FAX: (416) 865-7380
Email: ashaughnessy@torys.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Apotex Inc.
Counsel
3400 - 333 Bay Street
Toronto, Ontario
M5H 2S7
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: hradomski@goodmans.ca
Agent
1500-50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8311
FAX: (613) 788-3667
Email: christopher.rootham@nelligan.ca
Party: Minister of Health
Counsel
The Exchange Tower, Box 36
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6334
FAX: (416) 973-5004
Email: eric.peterson@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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.
Intellectual property – Patents – Medicines – Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 – Appeals – Mootness – Federal Court dismissing Amgen’s motion for order of prohibition and Minister issuing notice of compliance to Apotex to market generic version of Amgen’s drug – Apotex bringing action for section 8 damages – Amgen appealing after issuance of notice of compliance – Apotex’s motion to dismiss appeal as moot granted – In determining whether to hear moot appeals, should appellate courts apply categorical rules for certain classes of cases that will eliminate any right of appeal for entire class, or are courts required to exercise discretion on a case by case basis in accordance with decision in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342?
Amgen applied for an order under the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (“Regulations”) prohibiting the Minister of Health from issuing a notice of compliance to Apotex for its generic version of Amgen’s filgrastim pharmaceutical drug. The Federal Court dismissed this application and Amgen appealed that decision. Before the appeal could be heard, however, the Minister issued a notice of compliance to Apotex for its generic version of filgrastim. Apotex moved to dismiss the appeal on the ground that the subject-matter of the appeal was moot as there was no longer anything to prohibit.
Lower court rulings
Federal Court
2015-FC-1261, T-2072-12
Applicant’s application for order of prohibition dismissed
Federal Court of Appeal
2016 FCA 196, A-501-15
Respondent’s motion to dismiss applicant’s appeal for mootness granted and appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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
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