Teva Canada Limited v. Wyeth LLC

Teva Canada Limited v. Wyeth LLC

The action is dismissed and the trial date released because it is unrealistic that all appellate remedies would be completed in time to preserve the scheduled trial and the Court must allocate trial dates fairly; costs are awarded to the defendants but limited to those and reasonable disbursements incurred after the merger date (August 10, 2010) with costs for this motion fixed at $1,000.00.

Citation
2011 FC 1442
Parties
Plaintiff: TEVA CANADA LIMITED; Defendant: WYETH LLC; Defendant: PFIZER CANADA INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 December 2011
Procedural Posture
Civil Action Under the NOC Regulations (damages Claim) / Post Summary Trial Motion for Dismissal and Costs
Outcome
Action dismissed; trial date released; costs awarded to defendants as specified.
Legal Topics
NOC Regulations S.8, Damages Claim, Summary Trial, Dismissal, Costs Assessment, Trial Scheduling, Merger Impact on Entitlement
Source Language
English
Intellectual Property Regulatory Law Civil Procedure Administrative Law NOC Regulations S.8 Damages Claim Summary Trial Dismissal +3 more

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Parties

TEVA CANADA LIMITED

Plaintiff

WYETH LLC

Defendant

PFIZER CANADA INC.

Defendant

Procedural Posture

Civil Action Under the NOC Regulations (damages Claim) / Post Summary Trial Motion for Dismissal and Costs

Legal Issues

  1. 1 Whether Teva (successor to ratiopharm) is entitled to continue the s.8 damages claim after merger
  2. 2 Whether the action should be dismissed now despite an outstanding appeal and whether the trial date should be released
  3. 3 Proper allocation and timing of costs given the merger date and prior summary trial costs

Ratio Decidendi

The action is dismissed and the trial date released because it is unrealistic that all appellate remedies would be completed in time to preserve the scheduled trial and the Court must allocate trial dates fairly; costs are awarded to the defendants but limited to those and reasonable disbursements incurred after the merger date (August 10, 2010) with costs for this motion fixed at $1,000.00.

Court Disposition

Action dismissed; trial date released; costs awarded to defendants as specified.

Orders

  • This action is dismissed.
  • The trial date previously fixed to begin on February 11, 2013 is released; either party may seek a new expedited trial date after all appeal remedies have been exhausted or determined.