Dr. Reddy’s Laboratories Ltd. v. Janssen Inc.

Dr. Reddy’s Laboratories Ltd. v. Janssen Inc.

The motion to adjourn was dismissed because the interests of justice did not support delay: public interest in timely resolution and efficient use of court resources outweighed speculative prejudice to Janssen; Janssen's claimed prejudice was contingent and speculative, the appeal was foreseeable given Janssen's...

Source-derived case information.

Citation
2023 FC 448
Parties
Plaintiff: DR. REDDY’S LABORATORIES LTD.; Plaintiff: DR. REDDY’S LABORATORIES, INC.; Defendant: JANSSEN INC.; Defendant: JANSSEN ONCOLOGY, INC.; Defendant: BTG INTERNATIONAL LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 March 2023
Procedural Posture
Section 8 Damages Under the Patented Medicines (notice of Compliance) Regulations / Motion to Adjourn Trial; Trial Scheduled to Commence June 5, 2023
Outcome
Defendants' motion to adjourn trial dismissed; trial to proceed as scheduled
Legal Topics
Section 8 Damages, Non Party Production (rule 233), Implied Undertaking Rule, Adjournment/stay of Proceedings, Costs
Source Language
english
Patent Law Regulatory Law Civil Procedure Evidence Administrative/appeal Law Section 8 Damages Non Party Production (rule 233) Implied Undertaking Rule +2 more

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Parties

DR. REDDY’S LABORATORIES LTD.

Plaintiff

DR. REDDY’S LABORATORIES, INC.

Plaintiff

JANSSEN INC.

Defendant

JANSSEN ONCOLOGY, INC.

Defendant

BTG INTERNATIONAL LTD.

Defendant

Procedural Posture

Section 8 Damages Under the Patented Medicines (notice of Compliance) Regulations / Motion to Adjourn Trial; Trial Scheduled to Commence June 5, 2023

Legal Issues

  1. 1 Whether it is in the interests of justice to adjourn the scheduled trial pending an interlocutory appeal
  2. 2 Whether use of non-party productions pending appeal would breach the implied undertaking or create ethical issues
  3. 3 Assessment of prejudice to parties and the court from adjournment vs proceeding as scheduled

Ratio Decidendi

The motion to adjourn was dismissed because the interests of justice did not support delay: public interest in timely resolution and efficient use of court resources outweighed speculative prejudice to Janssen; Janssen's claimed prejudice was contingent and speculative, the appeal was foreseeable given Janssen's delay in moving for non-party production, and DRL and the court would suffer real prejudice from disrupting a long-standing schedule; accordingly the trial should proceed and Janssen's motion was denied.

Court Disposition

Defendants' motion to adjourn trial dismissed; trial to proceed as scheduled

Orders

  • The Defendants' motion is dismissed.
  • The Plaintiffs are awarded costs of this motion in the amount of $2000.00.