Docket

35562

Apotex Inc., et al. v. Sanofi-Aventis, et al.

(Federal) (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)
2014-11-03 Appeal closed
2014-11-03 Discontinuance of the appeal Apotex Inc.
2014-10-31 Correspondence received from, (Letter Form), Tamir Israel re: order of oral arguments Centre for Intellectual Property Policy
2014-10-31 Correspondence received from, Jeffrey Beedell re: filing of the decision in the Celebrex patent will be filed with the respondent's condensed book Sanofi-Aventis
2014-10-30 Correspondence received from, (Letter Form), Marc Richard re: order of counsel for oral submission Sanofi-Aventis
2014-10-29 Correspondence received from, (Letter Form), Kang Lee re: submission will be in English and French Fédération internationale des conseils en propriété intellectuelle
2014-10-23 Notice of appearance, (Letter Form), Jeremy de Beer and E. Richard Gold will be appearing Centre for Intellectual Property Policy
2014-10-23 Notice of appearance, (Letter Form), Steven B. Garland and Colin B. Ingram will be appearing International Association for the Protection of Intellectual Property ("AIPPI")
2014-10-22 Notice of appearance, (Letter Form), Patrick E. Kierans and Kristin Wall will be appearing Canada's Research-Based Pharmaceutical Companies
2014-10-21 Notice of appearance, (Letter Form), David Aitken and Jonathan Stainsby will be appearing Canadian Generic Pharmaceutical Association
2014-10-21 Order by, Wa, FURTHER TO THE ORDER dated July 22, 2014, granting leave to intervene to the Fédération internationale des conseils en propriété intellectuelle, Canada’s Research-Based Pharmaceutical Companies, the Centre for Intellectual Property Policy, the International Association for the Protection of Intellectual Property, BIOTECanada and the Canadian Generic Pharmaceutical Association;
IT IS HEREBY FURTHER ORDERED THAT the said six (6) interveners are each granted permission to present oral argument not exceeding 10 minutes at the hearing of the appeal.
Granted
2014-10-20 Correspondence received from, (Letter Form), Request 2 reserved seats BIOTECanada
2014-10-20 Notice of appearance, (Letter Form), Jamie Mills and Chantal Sanders will be appearing and Mr. Mills will make oral presentation BIOTECanada
2014-10-20 Notice of appearance, (Letter Form), Julie Desrosiers and Kang Lee will be appearing and Me Desrosiers will present oral argument Fédération internationale des conseils en propriété intellectuelle
2014-10-20 Notice of appearance, (Letter Form), H.B. Radomski, Richard Naiberg, Nando DeLuca and Sandon Shogilev will be appearing Apotex Inc.
2014-10-15 Correspondence received from, 3 reserved seats requested International Association for the Protection of Intellectual Property ("AIPPI")
2014-10-10 Other book of authorities, (Book Form), Completed on: 2014-10-10 Sanofi-Aventis
2014-10-10 Supplemental document, Sur-reply, service and e-filing form missing, Incomplete Sanofi-Aventis
2014-10-10 Correspondence received from, Fédération internationale des conseils en propriété intellectuelle - 4 reserved seats requested Fédération internationale des conseils en propriété intellectuelle
2014-10-07 Correspondence received from, Canada's Research-Based Pharmaceutical Companies- Two reserved seats requested Canada's Research-Based Pharmaceutical Companies
2014-10-02 Order on motion to strike out, (by Justice ROTHSTEIN)
2014-10-02 Decision on motion to strike out, Ro, UPON APPLICATION by the respondents for an order striking the reply factum of the appellants in its entirety or alternatively, granting leave to file a reply factum of up to 5 pages.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The application by the respondents to strike the reply factum of the appellants in its entirety is dismissed.
The application by the respondents, in the alternative, to file a sur-reply factum of up to 5 pages is granted. The reply factum is to be served and filed on or before October 10, 2014.
No order as to costs.
Dismissed, no order as to costs
2014-10-02 Submission of motion to strike out, Ro
2014-10-01 Appeal perfected for hearing
2014-09-30 Appellant's book of authorities, (Book Form), for the reply factum, Completed on: 2014-09-30 Apotex Inc.
2014-09-30 Reply factum on appeal, (Book Form), Appellants' Reply Factum, Completed on: 2014-09-30, (Electronic version filed on 2014-09-30) Apotex Inc.
2014-09-30 Respondent's book of authorities, for the reply factum, Completed on: 2014-09-30, (Electronic version filed on 2014-09-30) Sanofi-Aventis
2014-09-30 Reply factum on appeal, Completed on: 2014-09-30, (Electronic version filed on 2014-10-01) Sanofi-Aventis
2014-09-19 Correspondence received from, 8 reserved seats requested Apotex Inc.
2014-09-17 Correspondence received from, Anna Hucman, by email, Re: request for 2 reserved seats Canadian Generic Pharmaceutical Association
2014-09-16 Intervener's book of authorities, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) Centre for Intellectual Property Policy
2014-09-16 Intervener's factum, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) Centre for Intellectual Property Policy
2014-09-16 Intervener's book of authorities, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) Canada's Research-Based Pharmaceutical Companies
2014-09-16 Intervener's factum, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) Canada's Research-Based Pharmaceutical Companies
2014-09-16 Intervener's book of authorities, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) International Association for the Protection of Intellectual Property ("AIPPI")
2014-09-16 Intervener's factum, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) International Association for the Protection of Intellectual Property ("AIPPI")
2014-09-16 Intervener's book of authorities, (2 volumes), Completed on: 2014-09-16 Fédération internationale des conseils en propriété intellectuelle
2014-09-16 Intervener's factum, Completed on: 2014-09-16 Fédération internationale des conseils en propriété intellectuelle
2014-09-16 Intervener's book of authorities, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) BIOTECanada
2014-09-16 Intervener's factum, Completed on: 2014-09-16, (Electronic version filed on 2014-09-16) BIOTECanada
2014-09-16 Intervener's book of authorities, Completed on: 2014-09-16 Canadian Generic Pharmaceutical Association
2014-09-16 Intervener's factum, Completed on: 2014-09-16 Canadian Generic Pharmaceutical Association
2014-09-12 Reply to motion to strike out, (Book Form), Original copy missing., Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) Sanofi-Aventis
2014-09-08 Notice of appearance, Marc Richard and Livia Aumand will be present for the hearing for the Respondents, and Anthony G. Creber will make oral arguments. Sanofi-Aventis
2014-09-08 Correspondence received from, Counsel for the Respondents Sanofi and BMS requests 9 seats (amended request rec'd 2014-10-23 for 11 seats - re-amended rec'd 2014-10-31 for a total of 13 seats) Sanofi-Aventis
2014-09-08 Notice of hearing sent to parties
2014-09-05 Response to motion to strike out, (Book Form), Appellant's Reply Factum, Completed on: 2014-09-05, (Electronic version filed on 2014-09-09) Apotex Inc.
2014-09-05 Appeal hearing scheduled, 2014-11-04, (previously tentatively scheduled for November 3, 2014)
2014-08-26 Motion to strike out, (Book Form), Appellant's Reply Factum, Completed on: 2014-08-26, (Electronic version filed on 2014-08-26) Sanofi-Aventis
2014-08-12 Order on motion to file a reply factum on appeal, (by ROTHSTEIN J.)
2014-08-12 Decision on the motion to file a reply factum on appeal, Ro, UPON APPLICATION by the respondents for an order granting leave to serve and file a single factum not exceeding 10 pages in reply to the interveners, together with any supplemental book of authorities, on or before September 30, 2014;
AND THE MATERIAL HAVING BEEN FILED;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2014-08-12 Submission of motion to file a reply factum on appeal, Ro
2014-08-06 Other book of authorities, (2 volumes), Completed on: 2014-08-06 Apotex Inc.
2014-08-06 Reply factum on appeal, Pursuant to Rule 29(4), Completed on: 2014-08-06 Apotex Inc.
2014-07-24 Certificate of counsel (attesting to record) Sanofi-Aventis
2014-07-24 Motion to file a reply factum on appeal, (Letter Form), Completed on: 2014-07-31, (Printed version filed on 2014-07-24) Sanofi-Aventis
2014-07-22 Order on motion for leave to intervene, (by ABELLA J.)
2014-07-22 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Fédération internationale des conseils en propriété intellectuelle, Canada’s Research-Based Pharmaceutical Companies, the Centre for Intellectual Property Policy, the International Association for the Protection of Intellectual Property, BIOTECanada and the Canadian Generic Pharmaceutical Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Fédération internationale des conseils en propriété intellectuelle, Canada’s Research-Based Pharmaceutical Companies, the Centre for Intellectual Property Policy, the International Association for the Protection of Intellectual Property, BIOTECanada and the Canadian Generic Pharmaceutical Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before September 16, 2014.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions.
The appellants are permitted to serve and file a single factum not exceeding 10 pages in reply to the interveners on or before September 30, 2014.
Granted
2014-07-22 Submission of motion for leave to intervene, Abe
2014-07-21 Correspondence received from, Jeff Beedell re: Confidentiality Order Sanofi-Aventis
2014-07-21 Supplemental document, Authorities, Completed on: 2014-07-21 Sanofi-Aventis
2014-07-21 Respondent's book of authorities, (Book Form), Completed on: 2014-07-21 Sanofi-Aventis
2014-07-21 Respondent's record, (Book Form), 10 Volumes (Volumes 1, 5, 6 and 10 are sealed), Completed on: 2014-07-21 Sanofi-Aventis
2014-07-21 Respondent's factum, (Book Form), Completed on: 2014-07-21 Sanofi-Aventis
2014-07-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-07-10, (Electronic version filed on 2014-07-10) Fédération internationale des conseils en propriété intellectuelle
2014-07-10 Reply to the motion for leave to intervene, (Book Form), Completed on: 2014-07-10, (Electronic version filed on 2014-07-11) Canada's Research-Based Pharmaceutical Companies
2014-07-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-07-10, (Printed version filed on 2014-07-10) Centre for Intellectual Property Policy
2014-07-10 Reply to the motion for leave to intervene, Reply to the appellants response, Completed on: 2014-07-10 Canadian Generic Pharmaceutical Association
2014-07-10 Reply to the motion for leave to intervene, Reply to the respondents response, Completed on: 2014-07-10 Canadian Generic Pharmaceutical Association
2014-07-10 Reply to the motion for leave to intervene, Completed on: 2014-07-10 International Association for the Protection of Intellectual Property ("AIPPI")
2014-07-10 Reply to the motion for leave to intervene, Completed on: 2014-07-10 BIOTECanada
2014-07-03 Response to the motion for leave to intervene, (Letter Form), Response to CGPA., Completed on: 2014-07-03, (Electronic version filed on 2014-07-03) Apotex Inc.
2014-07-03 Response to the motion for leave to intervene, (Letter Form), Response to CRBPC, Biotec and CGPA, Completed on: 2014-07-03 Sanofi-Aventis
2014-07-03 Response to the motion for leave to intervene, (Letter Form), Response to FICPI, AIPPI and CIPP, Completed on: 2014-07-03 Sanofi-Aventis
2014-07-03 Response to the motion for leave to intervene, (Letter Form), Response to CIPP, Completed on: 2014-07-03 Apotex Inc.
2014-07-03 Response to the motion for leave to intervene, (Book Form), Response to CRBPC, Completed on: 2014-07-03 Apotex Inc.
2014-07-03 Response to the motion for leave to intervene, (Book Form), Response to AIPPI , Completed on: 2014-07-03 Apotex Inc.
2014-07-03 Response to the motion for leave to intervene, (Book Form), Response to BIOTEC (2 volumes), Completed on: 2014-07-03 Apotex Inc.
2014-07-03 Response to the motion for leave to intervene, (Book Form), Response to FICPI (2 volumes), Completed on: 2014-07-03 Apotex Inc.
2014-06-23 Intervener's book of authorities, (Book Form), Completed on: 2014-06-23 Canadian Generic Pharmaceutical Association
2014-06-23 Motion for leave to intervene, Completed on: 2014-06-24, (Electronic version filed on 2014-06-24) Canadian Generic Pharmaceutical Association
2014-06-23 Motion for leave to intervene, (Book Form), Completed on: 2014-06-23, (Electronic version filed on 2014-06-23) BIOTECanada
2014-06-23 Intervener's book of authorities, (Book Form), for the motion to intervene., Completed on: 2014-06-23, (Electronic version filed on 2014-06-23) International Association for the Protection of Intellectual Property ("AIPPI")
2014-06-23 Motion for leave to intervene, (Book Form), Completed on: 2014-06-23, (Electronic version filed on 2014-06-23) International Association for the Protection of Intellectual Property ("AIPPI")
2014-06-23 Motion for leave to intervene, (Book Form), Completed on: 2014-06-23, (Electronic version filed on 2014-06-23) Centre for Intellectual Property Policy
2014-06-23 Certificate (on limitations to public access) Canada's Research-Based Pharmaceutical Companies
2014-06-23 Notice of name Canada's Research-Based Pharmaceutical Companies
2014-06-23 Motion for leave to intervene, (4 volumes), Completed on: 2014-06-23, (Electronic version filed on 2014-06-26) Canada's Research-Based Pharmaceutical Companies
2014-06-23 Motion for leave to intervene, (Book Form), (3 volumes) , Completed on: 2014-06-23, (Electronic version filed on 2014-06-26) Fédération internationale des conseils en propriété intellectuelle
2014-05-28 Certificate of counsel (attesting to record) Apotex Inc.
2014-05-26 Certificate (on limitations to public access) Apotex Inc.
2014-05-26 Appellant's book of authorities, (2 volumes), Completed on: 2014-05-26 Apotex Inc.
2014-05-26 Appellant's record, Volumes I, X! and XIV are not sealed(16 volumes + XA, XB, XC AND XIA), Completed on: 2014-05-27 Apotex Inc.
2014-05-26 Appellant's factum, Completed on: 2014-05-26 Apotex Inc.
2014-03-03 Notice of appeal, (Letter Form), Completed on: 2014-03-03, (Electronic version filed on 2014-03-03) Apotex Inc.
2014-01-31 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2014-01-31 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-01-31 Judgment on leave sent to the parties
2014-01-30 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file 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-7-12, 2013 FCA 186, dated July 24, 2013, is granted with costs in the cause.
Granted, with costs in the cause
2014-01-30 Decision on motion to extend time to file and /or serve the leave application, see judgment
Granted
2013-12-16 Submission of motion to extend time to file and/ or serve the leave application, Abe Ro Mo
2013-12-16 All materials on application for leave submitted to the Judges, Abe Ro Mo
2013-11-12 Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-11-12 Apotex Inc.
2013-10-30 Book of authorities, (Book Form) Sanofi-Aventis
2013-10-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-10-30 Sanofi-Aventis
2013-10-08 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2013-10-08 Apotex Inc.
2013-10-01 Letter acknowledging receipt of a complete application for leave to appeal
2013-10-01 Application for leave to appeal, (Book Form), Vol. 1 to 5 (CD filed) (Extension of time rec'd), Completed on: 2013-10-10 Apotex Inc.