Celgene Inc. v. Natco Pharma (Canada) Inc.

Celgene Inc. v. Natco Pharma (Canada) Inc.

The motion is dismissed because Natco failed to overcome the Case Management Judge's earlier ruling; foreign deposition transcripts are not shown to be sufficiently relevant or compellable at the discovery stage, issue estoppel bars relitigation absent a demonstrated and material change in circumstances, and the asserted unavailability or memory issues of witnesses did not justify overriding the prior order.

Citation
2019 FC 921
Parties
Plaintiffs (defendants by Counterclaim): Celgene Inc.; Plaintiffs (defendants by Counterclaim): Celgene Corporation; Defendant (plaintiff by Counterclaim): Natco Pharma (Canada) Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
11 July 2019
Procedural Posture
Patent Litigation (validity/production of Evidence) / Interlocutory Motion (discovery/production)
Outcome
Motion dismissed
Legal Topics
Discovery, Admissibility of Foreign Depositions, Issue Estoppel, Impeachment, Costs
Source Language
English
Intellectual Property Civil Procedure Evidence Discovery Admissibility of Foreign Depositions Issue Estoppel Impeachment Costs

Case Brief

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Parties

Celgene Inc.

Plaintiffs (defendants by Counterclaim)

Celgene Corporation

Plaintiffs (defendants by Counterclaim)

Natco Pharma (Canada) Inc.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Patent Litigation (validity/production of Evidence) / Interlocutory Motion (discovery/production)

Legal Issues

  1. 1 Whether deposition transcripts from U.S. litigation must be produced in Canadian proceedings
  2. 2 Whether issue estoppel prevents relitigation of the Case Management Judge's prior order refusing production
  3. 3 Whether foreign testimony is admissible and compellable at the discovery stage

Ratio Decidendi

The motion is dismissed because Natco failed to overcome the Case Management Judge's earlier ruling; foreign deposition transcripts are not shown to be sufficiently relevant or compellable at the discovery stage, issue estoppel bars relitigation absent a demonstrated and material change in circumstances, and the asserted unavailability or memory issues of witnesses did not justify overriding the prior order.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed with costs of $3,000.00 payable to Celgene in any event of the cause.