Federal Court of Appeal Decisions

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Date: 20060412

Docket: A-589-05

Citation: 2006 FCA 143

Present:           NADON J.A.

BETWEEN:

AVENTIS PHARMA INC. and

SANOFI-AVENTIS DEUTSCHLAND GmbH

Appellants

and

APOTEX INC. and THE MINISTER OF HEALTH

Respondents

Dealt with in writing without appearance of parties.

Order delivered at Ottawa, Ontario, on April 12, 2006.

REASONS FOR ORDER BY:                                                                                    NADON J.A.


Date: 20060412

Docket: A-589-05

Citation: 2006 FCA 143

Present:           NADON J.A.

BETWEEN:

Date: 20060412

Docket: A-589-05

Citation: 2006 FCA xxx

Present:           NADON J.A.

BETWEEN:

AVENTIS PHARMA INC. and

SANO-AVENTIS DEUTSCHLAND gmbH

Appellants

and

APOTEX INC. and THE MINISTER OF HEALTH

Respondents

REASONS FOR ORDER

[1]                 After carefully considering the submissions and authorities filed by both sides, I have concluded that the better course of action is to defer this motion to the panel designated by the Chief Justice to hear the appeal on its merits.

[2]                 Apotex will therefore have to file and serve its Memorandum of Fact and Law. In the circumstances, I am satisfied that an extension of time to Friday, April 21, 2006, is reasonable.

"M. Nadon"

J.A.


FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-589-05

STYLE OF CAUSE:                                                               AVENTIS PHARMA INC. et al

                                                                                                APOTEX INC. et al

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY:                                              NADON J.A.

DATED:                                                                                  April 12, 2006

WRITTEN REPRESENTATIONS BY:

Gunar A. Gaikis

Yoon Kang

Mark G. Biernacki

FOR THE APPELLANTS

Andrew R. Brodkin

FOR THE RESPONDENTS

SOLICITORS OF RECORD:

Smart & Biggar

Toronto, Ontario

FOR THE APPELLANT

Goodmans LLP

Toronto, Ontario

FOR THE RESPONDENT

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