Date: 20130724
Docket: A-121-12
Citation: 2013 FCA 187
CORAM: NOËL J.A.
PELLETIER J.A.
GAUTHIER J.A.
BETWEEN:
APOTEX INC., and
APOTEX PHARMACHEM INC.
Appellants
and
SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB
SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP
Respondents
Heard at Toronto, Ontario, on January 28 & 29, 2013.
Judgment delivered at Ottawa, Ontario, on July 24, 2013.
REASONS FOR JUDGMENT BY: PELLETIER J.A.
CONCURRED IN BY: NOËL J.A.
GAUTHIER J.A.
.
Date: 20130724
Docket: A-121-12
Citation: 2013 FCA 187
CORAM: NOËL J.A.
PELLETIER J.A.
GAUTHIER J.A.
BETWEEN:
APOTEX INC., and
APOTEX PHARMACHEM INC.
Appellants
and
SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB
SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP
Respondents
REASONS FOR JUDGMENT
PELLETIER J.A.
[1] This is an appeal from the order of costs made following a 26 day trial in which the Federal Court found that Canadian Patent No. 1,336,777 (the ‘777 Patent) was invalid for lack of utility and obviousness. The appellants argue that the Federal Court erred in denying them certain of their disbursements. In File No. A-7-12, this Court overturned the Federal Court’s decision, upheld the validity of the ‘777 Patent, and ordered costs against the appellant Apotex in this Court and in the Federal Court. As a result, this appeal is now moot.
[2] The appeal should therefore be dismissed.
"J.D. Denis Pelletier"
J.A.
“I agree
Marc Noël J.A.”
“I agree
Johanne Gauthier J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-121-12
STYLE OF CAUSE: APOTEX INC. and APOTEX PHARMACHEM INC. and SANOFI-AVENTIS and BRISTOL-MYERS SQUIBB SANOFI PHARMACEUTICALS HOLDINGS PARTNERSHIP
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 28 and 29, 2013
REASONS FOR JUDGMENT BY: PELLETIER J.A.
CONCURRED IN BY: NOËL J.A. &
GAUTHIER J.A.
DATED: July 24, 2013
APPEARANCES:
|
Anthony G. Creber / Cristin A. Wagner / Marc Richard
|
FOR THE APPELLANTS
|
|
Harry Radomski / Benjamin Hackett / Richard Naiberg / Sandon Shogilev |
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
|
Gowling Lafleur Henderson LLP, Ottawa |
FOR THE APPELLANTS
|
|
GGODMANS LLP, Toronto |
FOR THE RESPONDENTS
|