Viiv Healthcare Company v. Gilead Sciences Canada, Inc.

Viiv Healthcare Company v. Gilead Sciences Canada, Inc.

The Court dismissed the meta motion and held that Gilead is entitled as of right under Rule 213 to move for a summary trial and that whether summary trial is appropriate must be determined at the summary trial itself; completion of discoveries is not a precondition to a summary trial; evidentiary and hearsay issues (including admissibility and weight of the product monograph and expert evidence) are matters for the summary trial judge; the Court granted the requested extension of the summary trial from three to five days and ordered costs to Gilead with a timetable for submissions.

Citation
2020 FC 11
Parties
Plaintiff/defendant by Counterclaim: ViiV Healthcare Company; Plaintiff/defendant by Counterclaim: Shionogi & Co., Ltd.; Plaintiff/defendant by Counterclaim: ViiV Healthcare ULC; Defendant/plaintiff by Counterclaim: Gilead Sciences Canada, Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 January 2020
Procedural Posture
Patent Infringement / Pre Trial Motion (motion to Dismiss/adjourn Summary Trial); Summary Trial Scheduled
Outcome
Meta motion dismissed; summary trial to proceed; hearing extended to five days; costs awarded to Gilead
Legal Topics
Summary Trial, Motion to Dismiss, Discovery, Claim Construction, Infringement, Expert Evidence, Hearsay
Source Language
English
Intellectual Property Patent Law Civil Procedure Summary Trial Motion to Dismiss Discovery Claim Construction Infringement +2 more

Case Brief

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Parties

ViiV Healthcare Company

Plaintiff/defendant by Counterclaim

Shionogi & Co., Ltd.

Plaintiff/defendant by Counterclaim

ViiV Healthcare ULC

Plaintiff/defendant by Counterclaim

Gilead Sciences Canada, Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Pre Trial Motion (motion to Dismiss/adjourn Summary Trial); Summary Trial Scheduled

Legal Issues

  1. 1 Whether to dismiss or adjourn sine die Gilead’s motion for summary trial
  2. 2 Whether to adjourn the summary trial until completion of oral discovery
  3. 3 Whether to extend the summary trial hearing from three to five days

Ratio Decidendi

The Court dismissed the meta motion and held that Gilead is entitled as of right under Rule 213 to move for a summary trial and that whether summary trial is appropriate must be determined at the summary trial itself; completion of discoveries is not a precondition to a summary trial; evidentiary and hearsay issues (including admissibility and weight of the product monograph and expert evidence) are matters for the summary trial judge; the Court granted the requested extension of the summary trial from three to five days and ordered costs to Gilead with a timetable for submissions.

Court Disposition

Meta motion dismissed; summary trial to proceed; hearing extended to five days; costs awarded to Gilead

Orders

  • The motion is dismissed.
  • The hearing date for the summary trial is extended by two days, such that the hearing will take place January 27 to 31, 2020.