Bayer Inc. v. Cobalt Pharmaceuticals Company

Bayer Inc. v. Cobalt Pharmaceuticals Company

When read in the full context of the liability judgment and the proceedings a mind willing to understand can comprehend Bayer's Statements of Issues; the contested pleas (affiliates, foreign sales, indirect profits, promotion) disclose reasonable causes of action or are at worst redundant and not plainly defective,...

Source-derived case information.

Citation
2017 FC 775
Parties
Plaintiff: Bayer Inc.; Plaintiff: Bayer Pharma Aktiengesellschaft; Defendant; Plaintiff by Counterclaim: Cobalt Pharmaceuticals Company; Defendant; Plaintiff by Counterclaim: Apotex Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 August 2017
Procedural Posture
Patent Infringement Remedies Phase / Motions to Strike Portions of Statements of Issues / Request for Particulars
Outcome
Motions dismissed without costs
Legal Topics
Accounting of Profits, Damages, Particulars, Striking Pleadings, Discovery, Territorial Scope of Remedies
Source Language
english
Intellectual Property Patent Law Civil Procedure Accounting of Profits Damages Particulars Striking Pleadings Discovery +1 more

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Parties

Bayer Inc.

Plaintiff

Bayer Pharma Aktiengesellschaft

Plaintiff

Cobalt Pharmaceuticals Company

Defendant; Plaintiff by Counterclaim

Apotex Inc.

Defendant; Plaintiff by Counterclaim

Procedural Posture

Patent Infringement Remedies Phase / Motions to Strike Portions of Statements of Issues / Request for Particulars

Legal Issues

  1. 1 Whether portions of Bayer's Statements of Issues should be struck for disclosing no reasonable cause of action or for being vague, redundant or an abuse of process
  2. 2 Whether references to affiliates in an accounting claim are impermissibly broad
  3. 3 Whether foreign sales and profits made abroad are beyond the scope of the proceedings

Ratio Decidendi

When read in the full context of the liability judgment and the proceedings a mind willing to understand can comprehend Bayer's Statements of Issues; the contested pleas (affiliates, foreign sales, indirect profits, promotion) disclose reasonable causes of action or are at worst redundant and not plainly defective, so the motions to strike fail and further particulars are not required; overbroad discovery concerns are to be addressed through refusals and Prothonotary oversight.

Court Disposition

Motions dismissed without costs

Orders

  • The motions to strike portions of Bayer's Statements of Issues and for further particulars are dismissed without costs to any party.