Case information

Docket

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

List of proceedings

Date	Proceeding	Filed By (if applicable)
2018-02-08	Appeal closed
2018-02-08	Discontinuance of the bill of costs, (Letter Form)	AstraZeneca Canada Inc.
2018-01-29	Bill of costs, (Book Form), Completed on: 2018-01-29	AstraZeneca Canada Inc.
2017-10-23	Order on motion to amend, and motion for a re-hearing. CORAM: MCLACHLIN C.J. AND ABELLA, MOLDAVER, KARAKATSANIS, WAGNER, GASCON, CÔTÉ, BROWN AND ROWE JJ.
2017-10-23	Decision on motion to amend, CJ Abe Mo Ka Wa Ga Côt Br Row, See order on motion for a re-hearing dated October 23, 2017. Dismissed, with costs
2017-10-23	Decision on the motion for a re-hearing of the appeal, CJ Abe Mo Ka Wa Ga Côt Br Row, UPON APPLICATION by the respondents for an order amending the judgment of this Court dated June 30, 2017, for an order permitting a re-hearing of the appeal, and for an order permitting the motion to be heard orally; AND THE MATERIALS FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed with costs. Dismissed, with costs
2017-10-23	Submission of motion to amend, CJ Abe Mo Ka Wa Ga Côt Br Row
2017-10-23	All material on motion for a re-hearing of the appeal submitted to Justices, CJ Abe Mo Ka Wa Ga Côt Br Row
2017-09-28	Reply to the response to the motion for a re-hearing of the appeal, (Book Form)	Apotex Inc.
2017-09-13	Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2017-09-13	AstraZeneca Canada Inc.
2017-08-29	Motion to amend, (Book Form), (Included in the motion for a re-hearing of the appeal), Completed on: 2017-08-29	Apotex Inc.
2017-08-29	Motion for a re-hearing of the appeal, (Book Form), Completed on: 2017-08-29	Apotex Inc.
2017-07-04	Judgment on appeal and notice of deposit of judgment sent to all parties
2017-06-30	Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Federal Court of Appeal, Number A-420-14, 2015 FCA 158, dated July 6, 2015, heard on November 8, 2016, is allowed with costs throughout. The appellants’ 2,139,653 patent is not invalid for want of utility. Allowed, with costs
2017-03-22	Correspondence received from, H.B. Radomski dated 2017-03-22. Re: Filing of a supplemental authority (distributed to the panel on April 5, 2017)	Apotex Inc.
2016-11-22	Transcript received, 123 pages
2016-11-08	Judgment reserved OR rendered with reasons to follow
2016-11-08	Intervener's condensed book, (Book Form), Submitted in Court (14 copies)	Centre for Intellectual Property Policy
2016-11-08	Intervener's condensed book, (Book Form), Submitted in Court (14 copies)	Fédération internationale des conseils en propriété intellectuelle
2016-11-08	Intervener's condensed book, (Book Form), Submitted in Court (14 copies)	Innovative Medicines Canada and BIOTECanada
2016-11-08	Respondent's condensed book, (Book Form), Submitted in Court (14 copies)	Apotex Inc.
2016-11-08	Appellant's condensed book, (Book Form), Submitted in Court (14 copies)	AstraZeneca Canada Inc.
2016-11-08	General proceeding, Questionnaire following the hearing concerning the sealing order	Apotex Inc.
2016-11-08	General proceeding, Questionnaire following the hearing concerning the sealing the order.	AstraZeneca Canada Inc.
2016-11-08	Hearing of the appeal, 2016-11-08, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved
2016-11-07	Correspondence received from, 2 reserved seats requested	Centre for Intellectual Property Policy
2016-11-03	Notice of appearance, Jeremy de Beer and Richard Gold will be present at the hearing.	Centre for Intellectual Property Policy
2016-11-03	Correspondence received from, 1 reserved seats requested	Intellectual Property Institute of Canada
2016-11-03	Notice of appearance, Jason Markwell will be present at the hearing.	Intellectual Property Institute of Canada
2016-11-03	Notice of appearance, Patrick Kierans and Kristin Wall will be present at the hearing.	Innovative Medicines Canada and BIOTECanada
2016-11-02	Notice of appearance, Andrew Bernstein and Yael S. Bienenstock will be present at the hearing.	Intellectual Property Owners Association
2016-11-02	Order by, Ka, FURTHER TO THE ORDER dated August 23, 2016, granting leave to intervene to Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual Property Policy; the Canadian Generic Pharmaceutical Association; the Fédération internationale des conseils en propriété intellectuelle; the Intellectual Property Owners Association and the Intellectual Property Institute of Canada; IT IS HEREBY FURTHER ORDERED THAT: Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual Property Policy and the Fédération internationale des conseils en propriété intellectuelle are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. The Court will consider the written submissions of the Canadian Generic Pharmaceutical Association; the Intellectual Property Owners Association and the Intellectual Property Institute of Canada as set out in their factums. Granted
2016-10-28	Correspondence received from, 4 reserved seats requested	Innovative Medicines Canada and BIOTECanada
2016-10-28	Reply factum on appeal, (Book Form), Completed on: 2016-10-28	AstraZeneca Canada Inc.
2016-10-28	Reply factum on appeal, (Book Form), Completed on: 2016-10-28	Apotex Inc.
2016-10-25	Correspondence received from, 2 reserved seats requested	Fédération internationale des conseils en propriété intellectuelle
2016-10-25	Notice of appearance, Julie Desrosiers, Kang Lee and Alain Leclerc will be present at the hearing.	Fédération internationale des conseils en propriété intellectuelle
2016-10-21	Correspondence received from, 4 reserved seats requested	Apotex Inc.
2016-10-21	Notice of appearance, H. B. Radomski, Andrew Brodkin, Richard Naiberg and Sandon Shogilev	Apotex Inc.
2016-10-18	Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-10-18	Fédération internationale des conseils en propriété intellectuelle
2016-10-18	Intervener's factum, (Book Form), Completed on: 2016-10-18	Fédération internationale des conseils en propriété intellectuelle
2016-10-18	Intervener's book of authorities, (Book Form), Completed on: 2016-10-18	Canadian Generic Pharmaceutical Association
2016-10-18	Intervener's factum, (Book Form), Completed on: 2016-10-18	Canadian Generic Pharmaceutical Association
2016-10-18	Intervener's book of authorities, (Book Form), Completed on: 2016-10-18	Intellectual Property Institute of Canada
2016-10-18	Intervener's factum, (Book Form), Completed on: 2016-10-18	Intellectual Property Institute of Canada
2016-10-18	Intervener's book of authorities, (Book Form), Completed on: 2016-10-18	Intellectual Property Owners Association
2016-10-18	Intervener's factum, (Book Form), Completed on: 2016-10-18	Intellectual Property Owners Association
2016-10-18	Intervener's book of authorities, (Book Form), Completed on: 2016-10-18	Centre for Intellectual Property Policy
2016-10-18	Intervener's factum, (Book Form), Completed on: 2016-10-18	Centre for Intellectual Property Policy
2016-10-18	Notice of appearance, Gunars Gaikis, Yoon Kang and Lynn Ing will be present at the hearing.	AstraZeneca Canada Inc.
2016-10-18	Intervener's book of authorities, (Book Form), Completed on: 2016-10-18	Innovative Medicines Canada and BIOTECanada
2016-10-18	Intervener's factum, (Book Form), Completed on: 2016-10-18	Innovative Medicines Canada and BIOTECanada
2016-10-07	Correspondence received from, 6 reserved seats requested	Canadian Generic Pharmaceutical Association
2016-10-07	Notice of appearance, Jonathan Stainsby and Scott Beeser will be present at the hearing.	Canadian Generic Pharmaceutical Association
2016-10-07	Correspondence received from, 3 reserved seats requested	AstraZeneca Canada Inc.
2016-09-19	Order on miscellaneous motion, by Justice Karakatsanis
2016-09-19	Decision on miscellaneous motion, Ka, UPON APPLICATIONS by the appellants and respondents for an order permitting them to serve and file reply factums in response to the factums of the interveners; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The appellants and respondents shall each serve and file a reply factum of no more than 10 pages on or before October 28, 2016. Granted
2016-09-19	Submission of miscellaneous motion, Ka
2016-09-15	Correspondence received from, (Letter Form), Appointment of Agent, (Electronic version filed on 2016-09-19)	Fédération internationale des conseils en propriété intellectuelle
2016-09-13	Response to miscellaneous motion, (Letter Form), Ms. Y. Lynn Ing, re: Appellant's also wish to file a Reply Factum., Completed on: 2016-09-13	AstraZeneca Canada Inc.
2016-09-13	Notice of miscellaneous motion, (Letter Form), Mr. Richard E. Naiberg, request to file REPLY FACTUM on behalf of Respondents, Completed on: 2016-09-13	Apotex Inc.
2016-08-31	Correspondence received from, (Letter Form), counsel for the Respondent re: clarification regarding the Respondent's Record confidentiality.	Apotex Inc.
2016-08-31	Appeal perfected for hearing
2016-08-29	Certificate (on limitations to public access), (Letter Form), amdended received 2016-08-31., (Electronic version filed on 2016-08-29)	Apotex Inc.
2016-08-29	Respondent's book of authorities, (Book Form), (6 volumes), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29)	Apotex Inc.
2016-08-29	Respondent's record, (Book Form), 11 copies of the Tab 2 and 3 are sealed in separated envelopes. 2 redacted copies received., Completed on: 2016-08-29, (Electronic version filed on 2016-08-29)	Apotex Inc.
2016-08-29	Respondent's factum, (Book Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29)	Apotex Inc.
2016-08-26	Notice of hearing sent to parties
2016-08-23	Order on motion for leave to intervene, (by JUSTICE KARAKATSANIS)
2016-08-23	Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by Innovative Medicines Canada and BIOTECanada (jointly); the Centre for Intellectual Property Policy; the Canadian Generic Pharmaceutical Association; the Fédération internationale des conseils en propriété intellectuelle; the Intellectual Property Owners Association and the Intellectual Property Institute of Canada 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 are granted and the said six (6) interveners or groups of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before October 18, 2016. 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 intervention. Granted
2016-08-23	Submission of motion for leave to intervene, Ka
2016-08-15	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-15, (Printed version filed on 2016-08-17)	Intellectual Property Institute of Canada
2016-08-11	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-11, (Printed version filed on 2016-08-11)	Fédération internationale des conseils en propriété intellectuelle
2016-08-10	Appeal hearing scheduled, 2016-11-08 Judgment reserved
2016-08-09	Reply to the motion for leave to intervene, (Letter Form), will not be filing a reply, Completed on: 2016-08-09, (Printed version filed on 2016-08-09)	Innovative Medicines Canada and BIOTECanada
2016-08-08	Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-08, (Printed version filed on 2016-08-08)	AstraZeneca Canada Inc.
2016-08-08	Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-08-08, (Printed version filed on 2016-08-09)	Apotex Inc.
2016-08-05	Discontinuance of motion for leave to intervene, (Letter Form), filed by BIOTECanada (alone) on August 2, 2016.	BioteCanada
2016-08-02	Motion for leave to intervene, (Book Form), (discontinued), Completed on: 2016-08-02	BioteCanada
2016-08-02	Notice of name	Intellectual Property Institute of Canada
2016-08-02	Motion for leave to intervene, (Book Form), Completed on: 2016-08-02	Intellectual Property Institute of Canada
2016-08-02	Motion for leave to intervene, (Book Form), service missing - rec'd Aug.3/2016, Completed on: 2016-08-03	Intellectual Property Owners Association
2016-08-02	Notice of name	BioteCanada
2016-08-02	Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2016-08-02	Fédération internationale des conseils en propriété intellectuelle
2016-07-29	Intervener's book of authorities, (Book Form), ON MOTION, Completed on: 2016-07-29	Canadian Generic Pharmaceutical Association
2016-07-29	Motion for leave to intervene, (Book Form), fees missing - rec'd Aug.3/2016, Completed on: 2016-08-03	Canadian Generic Pharmaceutical Association
2016-07-29	Motion for leave to intervene, (Book Form), Completed on: 2016-07-29	Centre for Intellectual Property Policy
2016-07-28	Intervener's book of authorities, (Book Form), ON MOTION, Completed on: 2016-07-28	Innovative Medicines Canada and BIOTECanada
2016-07-28	Motion for leave to intervene, (Book Form), Completed on: 2016-07-28	Innovative Medicines Canada and BIOTECanada
2016-07-04	General proceeding, (Letter Form), Further amended confidentiality order (dated 2012/03/08), (Electronic version filed on 2016-07-08)	AstraZeneca Canada Inc.
2016-07-04	Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-08)	AstraZeneca Canada Inc.
2016-07-04	Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-08)	AstraZeneca Canada Inc.
2016-07-04	Appellant's record, (Book Form), (2 volumes), Tabs 19, 20 and 21 are SEALED., Completed on: 2016-07-06, (Electronic version filed on 2016-07-08)	AstraZeneca Canada Inc.
2016-07-04	Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-07-06, (Electronic version filed on 2016-07-08)	AstraZeneca Canada Inc.
2016-07-04	Appellant's factum, (Book Form), Completed on: 2016-07-06, (Electronic version filed on 2016-07-08)	AstraZeneca Canada Inc.
2016-04-08	Notice of appeal, (Letter Form), Completed on: 2016-04-08, (Electronic version filed on 2016-04-11)	AstraZeneca Canada Inc.
2016-03-22	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-03-11	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-03-11	Judgment on leave sent to the parties
2016-03-10	Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-420-14, 2015 FCA 158, dated July 6, 2015, is granted with costs in the cause. Granted, with costs in the cause
2016-02-12	Correspondence received from, (Letter Form), Ms. Ing re: filing of Supp. Authorities (sent to the Court 2016-02-23), (Electronic version filed on 2016-02-12)	AstraZeneca Canada Inc.
2016-02-08	All materials on application for leave submitted to the Judges, CJ Mo Ga
2015-11-09	Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-11-09, (Electronic version filed on 2015-11-09)	AstraZeneca Canada Inc.
2015-10-29	Notice of name, (Letter Form), (Electronic version filed on 2015-11-09)	Apotex Inc.
2015-10-29	Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-09)	Apotex Inc.
2015-10-29	Respondent's response on the application for leave to appeal, (Book Form), TAB 3 and TAB 4 are SEALED in separate envelopes , Completed on: 2015-11-10, (Electronic version filed on 2015-11-09)	Apotex Inc.
2015-09-30	Letter acknowledging receipt of a complete application for leave to appeal, (File open)
2015-09-29	Correspondence received from, (Letter Form), Kingsley Koo re: filing of leave application	AstraZeneca Canada Inc.
2015-09-29	Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-01)	AstraZeneca Canada Inc.
2015-09-29	Notice of name, (Letter Form), (Electronic version filed on 2015-10-01)	AstraZeneca Canada Inc.
2015-09-29	Application for leave to appeal, (Book Form), (14 volumes), Completed on: 2015-09-29, (Electronic version filed on 2015-10-01)	AstraZeneca Canada Inc.

Parties

Main parties

Main parties - Appellants

Name	Role	Status
AstraZeneca Canada Inc.	Appellant	Active
AstraZeneca Aktiebolag and AstraZeneca UK Limited	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Apotex Inc.	Respondent	Active
Apotex Pharmachem Inc.	Respondent	Active

Other parties

Other parties

Name	Role	Status
Innovative Medicines Canada and BIOTECanada	Intervener	Active
Centre for Intellectual Property Policy	Intervener	Active
Canadian Generic Pharmaceutical Association	Intervener	Active
Fédération internationale des conseils en propriété intellectuelle	Intervener	Active
Intellectual Property Owners Association	Intervener	Active
Intellectual Property Institute of Canada	Intervener	Active

Counsel

Summary

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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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.

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Webcasts

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