Date:
20061018
Docket: A-586-05
Citation: 2006 FCA 338
CORAM: LINDEN J.A.
NADON J.A.
MALONE J.A.
BETWEEN:
AKTIEBOLAGET
HÄSSLE
Appellant
and
APOTEX INC.
Respondent
Heard at Toronto,
Ontario, on October 18,
2006.
Judgment delivered from the Bench at Toronto, Ontario, on October 18, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date:
20061018
Docket: A-586-05
Citation: 2006
FCA 338
CORAM: LINDEN J.A.
NADON
J.A.
MALONE
J.A.
BETWEEN:
AKTIEBOLAGET
HÄSSLE
Appellant
and
APOTEX INC.
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Toronto, Ontario, on October 18, 2006)
NADON J.A.
[1]
On
the basis of the allegations found in paragraph 53 of Apotex’ Amended Statement
of Claim and paragraph 53 of its second Amended Statement of Claim we are
satisfied that the Judge made no error in reversing the Prothonotary’s Order
concerning questions 75 (both), 77, 82 and 86.
[2]
In
our view, as the paragraph 53 allegations are directed solely to statements
made by Hässle in patents other than the one at issue in this appeal, the
answers which Hässle seeks through its questions are clearly irrelevant.
[3]
The
appeal will therefore be dismissed with costs.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-586-05
APPEAL FROM THE ORDER OF THE HONOURABLE
MR.JUSTICE HUGHES DATED NOVEMBER 21, 2005, DOCKET NO. T-2146-03
STYLE OF CAUSE: Aktiebolaget Hässle
v.
Apotex
Inc.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 18, 2006
REASONS FOR JUDGMENT OF THE COURT BY: Linden,
Nadon & Malone JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Mark G. Biernacki
|
FOR THE APPELLANT
|
|
David
Lederman
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Smart & Biggar
Toronto, Ontario
|
FOR THE
APPELLANT
|
|
Goodmans LLP
Toronto, Ontario
|
FOR THE
RESPONDENT
|
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