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Motion to stay patent re-examination proceeding granted to prevent duplicative proceedings and inconsistent results.
The plaintiffs brought a motion to stay an ongoing re-examination proceeding before the Re-examination Board of the Canadian Intellectual Property Office related to a patent for a multiple sclerosis treatment, pending the outcome of appeals from a recent Federal Court judgment that found the patent valid.
The Court applied the RJR-MacDonald test and granted the stay.
It found there was a serious question to be tried, that the plaintiffs would suffer irreparable harm from the risk of a decision by the Board that was inconsistent with the Federal Court judgment, and that the balance of convenience favoured avoiding duplicative litigation and inconsistent results.
