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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.
Evidentiary rulings on hearsay and expert qualifications made in advance of a patent infringement trial.
In an underlying patent infringement action concerning a long-acting injectable drug product for schizophrenia, the Court ruled on pre-trial evidentiary objections.
The Court excluded several statements in expert reports as inadmissible hearsay, but admitted others.
The Court also dismissed objections to expert qualifications, holding that Dr. Agid was qualified to opine on prescribing practices and Dr. Rabinow was qualified to give expert evidence on pH, particle size distribution, viscosity, and isotonicity.
