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The Federal Court dismissed Selex’s appeal from a prothonotary’s partial refusal to strike patent pleadings, finding no reviewable error under the applicable standard.
The Federal Court of Appeal held that Aqua-Gem should be abandoned and the Housen standard governs review of discretionary orders by prothonotaries; applying Housen (deference unless error of law or palpable and overriding factual error), the motions judge did not err in upholding the prothonotary's order limiting each inventor's further examination to one half day by teleconference and the appeal was dismissed with costs.
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The Federal Court of Appeal held that the Federal Court Judge erred in finding an entire waiver; on the facts partial disclosure did not cause unfairness and the materials were litigation work product and privileged, therefore the Prothonotary's refusal to compel answers was not clearly wrong and must stand; the appeal is allowed and the Prothonotary's order is upheld (Apotex's appeal dismissed).
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The prothonotary correctly applied the Rule 222(2) relevance / Peruvian Guano test and properly exercised residual discretion to limit production of technically relevant documents unlikely to advance Novopharm's case; the Federal Court correctly deferred to the prothonotary absent a demonstrable error of principle or misapprehension of fact; accordingly the appeal is dismissed and the prothonotary's order upheld.
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The Federal Court dismissed Viva’s appeal from a prothonotary’s discovery order in a patent case, upholding limited disclosure and confidentiality protections.
Federal Court appeal on discovery in a patent inutility dispute over nefazodone. The Court upheld limited production of scientific side-effect documents and dismissed the appeal.
Federal Court decision on an interlocutory discovery motion, applying the prothonotary review standard and upholding most relevance rulings.
La Cour fédérale rejette la demande visant à intervenir contre l’ordonnance du protonotaire, jugeant que les modifications sur les dommages punitifs n’étaient pas autorisées.
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