[2017] 2 F.C.R. D-7
Practice
Consolidation of Proceedings
Motion by defendants Shire LLC, Shire Pharma Canada ULC asking Court to partially consolidate proceedings — Defendant Shire LLC owner of Canadian Patent No. 2547646 (ꞌ646 patent) said to cover defendant Shire Pharma Canada ULC’s lisdexamfetamine dimesylate capsules sold under the name Vyvanse — Plaintiff Apotex serving respondent notice of allegation alleging invalidity of ꞌ646 patent — In response defendants filing application for prohibition order — Grounds for invalidity, non-infringement the same — In that regard, substantial commonality between facts at issue in both proceedings — At same time, significant differences between proceedings — Conducting such proceedings in parallel with action involving the same patent, product representing challenge for parties — Duplications, coordination issues arising from parallel proceedings affecting Court as well — Solution proposed by defendants through motion herein adopted in Novartis Pharmaceuticals Canada Inc. v Apotex Inc., 2013 FC 142 — Proceeding in same manner here significantly reducing duplications between two proceedings — Evidence would be adduced only once, viva voce, before Court — Arguments by plaintiff that defendants’ proposal to consolidate proceedings causing plaintiff procedural or tactical prejudice unsubstantiated — All of plaintiff’s rights protected — Defendants’ proposal leading to savings of time, expense for both parties, representing most efficient, judicious use of Court’s resources — Application in T-998-16 to be heard simultaneously by same judge as action in T-1056-16 — Motion allowed.
Apotex Inc. v. Shire LLC (T-1056-16, T-998-16, 2016 FC 1099, Tabib P., order dated October 3, 2016, 14 pp.)