PRACTICE |
References |
Apotex Inc. v. Wellcome Foundation Ltd.
T-3197-90, T-2624-91, T-2983-93
2004 FC 220, Lafrenière P.
11/2/04
9 pp.
Reference to quantify damages as result of patent infringement specially managed--Whether scheduling order should include express language requiring defendants to list and produce all documents in their possession or control regarding acquisition, manufacture, use, sale or other disposal of product containing zidovudine from date of first manufacture to present--Documents requested by plaintiffs prima facie relevant to issues on reference and ought therefore be listed and produced--Defendants have no basis for refusing to produce requested documents, having been conclusively found to have infringed plaintiffs' patent--Dealing piecemeal with every procedural issue and deferring rulings not conducive to proper case management--Relevance primary consideration regarding production of documents--Federal Court Rules, 1998, r. 156 requires reference be conducted in simplest, least expensive and most expeditious manner-- Essential decision as to scope of production of documents be made as soon as practicable--Pursuant to r. 157, referee may order production of any documents or other material relevant to matter in issue--As case manager of reference, prothonotary has same authority--Litigant obliged to list every relevant document in its possession, even those documents which do not have to be produced--Federal Court Rules, 1998, SOR/98-106, rr. 156, 157.