Wednesday, March 23, 2016

Section 8 Bifurcation Refused

Teva Canada ltd v Janssen Inc 2016 FC 318 Diner J
             bortezomib / VELCADE

In this decision Diner J upheld the case management Prothonotary’s order refusing to bifurcate the plaintiff’s s 8 action into liability and damages phases, and also refusing to bifurcate the s 8 action from the infringement counterclaim. Diner J held that the Prothonotary had considered the appropriate factors [9] and there was no basis for interfering with a discretionary order [10]. Without the Prothonotary’s order, it is hard to comment further.

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