Pharmascience Inc. v. Janssen Inc.

Pharmascience Inc. v. Janssen Inc.

Settlement privilege applies to any settlement agreements and negotiations between Janssen and Apotex/Dr Reddy's concerning the abiraterone section 8 cases; Janssen did not waive settlement privilege (expressly or by implication) and is not required to produce those settlement or cooperation documents or to answer discovery that would improperly invade solicitor-client or litigation privilege. Certain discrete discovery items and a BTG/Cougar license agreement were ordered produced; many other categories were refused. Questions not argued at the oral hearing will not be adjudicated later on written materials; costs are in the cause and certain proposed redactions were approved under the...

Citation
2024 FC 335
Parties
Plaintiff / Moving Party: PHARMASCIENCE INC.; Defendant / Responding Party: JANSSEN INC.; Defendant / Responding Party: JANSSEN ONCOLOGY INC.; Defendant / Responding Party: BTG INTERNATIONAL LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 February 2024
Procedural Posture
Section 8 Action Under the Patented Medicines (notice of Compliance) Regulations (pm(noc)) / Discovery Motion / Motion to Compel Discovery (oral Hearing and Reserved Questions)
Outcome
Motion partially allowed and partially dismissed: defendants ordered to answer a limited set of discovery items and not required to answer numerous other items; BTG ordered to answer limited items; costs in the cause; confidentiality redactions ordered as requested by Pharmascience except lawyer names were not...
Legal Topics
Pm(noc) Regulations Section 8 Damages, Settlement Privilege, Solicitor Client Privilege and Litigation Privilege, Discovery Scope and Waiver, Cooperation Agreements With Non Parties, But for World Damages, Confidentiality and Redactions
Source Language
English
Patent Law Civil Procedure Evidence Law Regulatory Law Pm(noc) Regulations Section 8 Damages Settlement Privilege Solicitor Client Privilege and Litigation Privilege Discovery Scope and Waiver +3 more

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Parties

PHARMASCIENCE INC.

Plaintiff / Moving Party

JANSSEN INC.

Defendant / Responding Party

JANSSEN ONCOLOGY INC.

Defendant / Responding Party

BTG INTERNATIONAL LTD.

Defendant / Responding Party

Procedural Posture

Section 8 Action Under the Patented Medicines (notice of Compliance) Regulations (pm(noc)) / Discovery Motion / Motion to Compel Discovery (oral Hearing and Reserved Questions)

Legal Issues

  1. 1 Whether settlement privilege protects settlement agreements and negotiations between Janssen and other generics (Apotex, Dr Reddy's) and whether Janssen waived that privilege
  2. 2 Whether cooperation agreements between Janssen and other generics (or arrangements regarding testimony/cooperation) must be disclosed
  3. 3 Whether Janssen waived solicitor-client or litigation privilege by discovery answers or pleadings

Ratio Decidendi

Settlement privilege applies to any settlement agreements and negotiations between Janssen and Apotex/Dr Reddy's concerning the abiraterone section 8 cases; Janssen did not waive settlement privilege (expressly or by implication) and is not required to produce those settlement or cooperation documents or to answer discovery that would improperly invade solicitor-client or litigation privilege. Certain discrete discovery items and a BTG/Cougar license agreement were ordered produced; many other categories were refused. Questions not argued at the oral hearing will not be adjudicated later on written materials; costs are in the cause and certain proposed redactions were approved under the...

Court Disposition

Motion partially allowed and partially dismissed: defendants ordered to answer a limited set of discovery items and not required to answer numerous other items; BTG ordered to answer limited items; costs in the cause; confidentiality redactions ordered as requested by Pharmascience except lawyer names were not...

Orders

  • Defendants Janssen Inc. and Janssen Oncology Inc. shall answer: items 106–107 (category C); items 181–204, 209–217, 222–228, 233–258, question 1749 (category D); items 205–208, 218–221, 229–232, and 259–263 (category E2); item 147, 149, 155, 164–168, and 176–178 (category F); items 82–84 (category H); and items 37...
  • Defendants Janssen Inc. and Janssen Oncology Inc. are not required to answer: items 92, 355, and 135–143 (category A); items 1–3, 357, 7, 14–15, 356, and 26–27 (category B); items 47, 58–61, 63–68, and 70–75 (categories E1 and E3); items 103–104, 148, 150–154, 156–159, 161–163, and 169–171 (category F); items 4–6,...