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The Court ordered the Plaintiffs to pay security for costs in a
patent infringement action, as the Plaintiffs ordinarily reside
outside of Canada. Security was required to be posted before the
Defendants prepared their Statement of Defence and before the
Defendants filed its motion record on a motion to strike the
Statement of Claim. The Court also ordered that the Plaintiffs were
not to take any further steps until the security was paid to the
Court.
OTHER CASES OF INTEREST
In a News Release on May 17, 2012 the Supreme Court
of Canada denied leave in respect of three cases. Two cases related
to proceedings under s. 8 of the NOC Regulations, where
Apotex' claims to disgorgment, or an accounting of profits were
struck: Apotex Inc. v. Eli Lilly Canada Inc. (F.C.)
(Civil) (By Leave) (34670) and Apotex Inc. v. Nycomed Canada
Inc. et al. (F.C.) (Civil) (By Leave) (34669). The FCA
decision in Nycomed and Lilly can be found here and it was summarized
here.
In the third case, Merck appealed FCA findings regarding the
1998 version of the NOC Regulations, rather than the 1993
version applying, and the timing of when Apotex could have reached
the market. The FCA decision in Merck can be found here and it was summarized
here.
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