BETWEEN:
Appellant
and
APOTEX INC.
Respondent
Heard at Toronto, Ontario, on October 18, 2006.
Judgment delivered from the Bench at Toronto, Ontario, on October 18, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Docket: A-586-05
Citation: 2006 FCA 338
CORAM: LINDEN J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
AKTIEBOLAGET HÄSSLE
Appellant
and
APOTEX INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on October 18, 2006)
[1] On the basis of the allegations found in paragraph 53 of Apotex’ Amended Statement of Claim and paragraph 53 of its second Amended Statement of Claim we are satisfied that the Judge made no error in reversing the Prothonotary’s Order concerning questions 75 (both), 77, 82 and 86.
[2] In our view, as the paragraph 53 allegations are directed solely to statements made by Hässle in patents other than the one at issue in this appeal, the answers which Hässle seeks through its questions are clearly irrelevant.
[3] The appeal will therefore be dismissed with costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-586-05
APPEAL FROM THE ORDER OF THE HONOURABLE MR.JUSTICE HUGHES DATED NOVEMBER 21, 2005, DOCKET NO. T-2146-03
STYLE OF CAUSE: Aktiebolaget Hässle
v.
Apotex Inc.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 18, 2006
REASONS FOR JUDGMENT OF THE COURT BY: Linden, Nadon & Malone JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Toronto, Ontario |
FOR THE APPELLANT
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Toronto, Ontario |
FOR THE RESPONDENT
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