BETWEEN:
and
BIOFARMA, SOCIÉTÉ PAR ACTIONS SIMPLIFIÉE
Heard at Toronto, Ontario, on January 12, 2010.
Judgment delivered from the Bench at Toronto, Ontario, on January 12, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Docket: A-148-09
Citation: 2010 FCA 8
CORAM: LÉTOURNEAU J.A.
NOËL J.A.
TRUDEL J.A.
BETWEEN:
NPS PHARMACEUTICALS, INC.
Appellant
and
BIOFARMA, SOCIÉTÉ PAR ACTIONS SIMPLIFIÉE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on January 12, 2010)
[1] In essence the appellant raises before us the same arguments he submitted to both the Trademarks Opposition Board and Lemieux J. of the Federal Court.
[2] Justice Lemieux addressed these arguments for a second time in detailed reasons in support of his decision to dismiss the appellant’s appeal with costs: see NPS Pharmaceuticals, Inc. v. Biofarma, 2009 FC 172, [2009] F.C. J. No. 255 (QL).
[3] Despite the valuable efforts by counsel for the appellant, we see in the learned judge’s decision no error, whether of law or of a palpable and overriding nature, which would require or justify our intervention.
[4] For these reasons the appeal will be dismissed with costs.
“Gilles Létourneau”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-148-09
STYLE OF CAUSE: NPS PHARMACEUTICAL, INC. v.
BIOFARMA, SOCIÉTÉ PAR ACTIONS
SIMPLIFIÉE
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 12, 2010
REASONS FOR JUDGMENT LÉTOURNEAU J.A.
TRUDEL J.A.
DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A.
APPEARANCES:
|
FOR THE APPELLANT
|
|
|
Louis Gratton
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
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Vancouver, B.C.
|
FOR THE APPELLANT
|
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Ogilvy Renault S.E.N.C.R.L., s.r.l. Montréal, Quebec |
FOR THE RESPONDENT
|