Allergan Inc. v. Sandoz Canada Inc.

Allergan Inc. v. Sandoz Canada Inc.

The Court dismissed the two motions after determining they lacked merit and did not satisfy the legal thresholds for the relief sought, and exercised its discretion to refuse the requested relief.

Citation
2020 FC 1047
Parties
Plaintiff / Defendant by Counterclaim: Allergan Inc.; Defendant / Plaintiff by Counterclaim: Sandoz Canada Inc.; Defendant / Patent Owner: Kissei Pharmaceutical Co., Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 November 2020
Procedural Posture
Patent Litigation / Motions Hearing (order and Reasons Delivered Orally; Transcript Filed)
Outcome
Two motions dismissed; edited transcript to be filed to comply with s.51 Federal Courts Act.
Legal Topics
Motions, Transcript Filing Under S.51, Counterclaim, Patent Owner
Source Language
English
Intellectual Property Patent Law Civil Procedure Motions Transcript Filing Under S.51 Counterclaim Patent Owner

Case Brief

Summary, issues, holding and outcome

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Parties

Allergan Inc.

Plaintiff / Defendant by Counterclaim

Sandoz Canada Inc.

Defendant / Plaintiff by Counterclaim

Kissei Pharmaceutical Co., Ltd.

Defendant / Patent Owner

Procedural Posture

Patent Litigation / Motions Hearing (order and Reasons Delivered Orally; Transcript Filed)

Legal Issues

  1. 1 Whether the two motions should be granted
  2. 2 Compliance with section 51 of the Federal Courts Act regarding filing of transcript

Ratio Decidendi

The Court dismissed the two motions after determining they lacked merit and did not satisfy the legal thresholds for the relief sought, and exercised its discretion to refuse the requested relief.

Court Disposition

Two motions dismissed; edited transcript to be filed to comply with s.51 Federal Courts Act.

Orders

  • The two motions are dismissed.
  • The edited transcript of the Order and Reasons shall be filed to comply with section 51 of the Federal Courts Act, RSC, 1985, c F-7.