Sanofi-Aventis Canada Inc. v. Laboratoire Riva Inc.

Sanofi-Aventis Canada Inc. v. Laboratoire Riva Inc.

The Court dismissed Sanofi’s appeal, upholding the Prothonotary’s refusal to compel answers to the specified discovery questions because they were irrelevant or of little relevance to Riva’s section 8 claim, and held that withdrawn questions could not be appealed.

Citation
2011 FC 1469
Parties
Plaintiffs / Defendants by Counterclaim: Sanofi-Aventis Canada Inc.; Schering Corporation; Sanofi-Aventis Deutschland GmbH; Defendant / Plaintiff by Counterclaim: Laboratoire Riva Inc.; Defendant: Pharmascience Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 December 2011
Procedural Posture
Civil (patent / Pmnoc) Discovery Appeal / Motion to Set Aside Prothonotary Order (examination for Discovery)
Outcome
Motion dismissed with costs to Riva
Legal Topics
Discovery Relevance, Appeal of Prothonotary Decisions, Section 8 Damages Under PMNOC Regulations, Cross Reference Agreements
Source Language
English
Intellectual Property Pharmaceutical Regulatory Law Civil Procedure Discovery Relevance Appeal of Prothonotary Decisions Section 8 Damages Under PMNOC Regulations Cross Reference Agreements

Case Brief

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Parties

Sanofi-Aventis Canada Inc.; Schering Corporation; Sanofi-Aventis Deutschland GmbH

Plaintiffs / Defendants by Counterclaim

Laboratoire Riva Inc.

Defendant / Plaintiff by Counterclaim

Pharmascience Inc.

Defendant

Procedural Posture

Civil (patent / Pmnoc) Discovery Appeal / Motion to Set Aside Prothonotary Order (examination for Discovery)

Legal Issues

  1. 1 Whether specific discovery questions regarding cross-reference agreements and third‑party manufacturing capacity were relevant to Riva’s section 8 counterclaim under the PMNOC Regulations
  2. 2 Whether Sanofi can appeal discovery questions it withdrew
  3. 3 Whether the Prothonotary erred in exercising her discretion regarding discovery refusals

Ratio Decidendi

The Court dismissed Sanofi’s appeal, upholding the Prothonotary’s refusal to compel answers to the specified discovery questions because they were irrelevant or of little relevance to Riva’s section 8 claim, and held that withdrawn questions could not be appealed.

Court Disposition

Motion dismissed with costs to Riva

Orders

  • Motion dismissed with costs payable to Riva in any event of the cause.