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Leave to Intervene Denied on the Basis of No Additional Insight and Delay
ViiV Healthcare ULC v. Teva Canada Limited, 2015 FCA 33

This was a motion by Canada’s Research-Based Pharmaceutical Companies (Rx&D) for leave to intervene in the appeal of a decision relating to eligibility for listing of a patent. Rx&D argued that the decision of the Court of Appeal could affect the listing of a number of patents on the Patent Register, including those of member companies of Rx&D.

The Court of Appeal found that Rx&D would not provide different and valuable perspective on the issues before the Court, that an affidavit from the Chief of Staff and

Vice President of Rx&D was in the record, and noted the delay in bringing the motion for leave to intervene. The motion to intervene was dismissed.

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Authors

Chantal Saunders 
CSaunders@blg.com
613.369.4783

Beverley Moore 
BMoore@blg.com
613.369.4784

Adrian J. Howard 
AJHoward@blg.com
613.787.3557

Expertise

Intellectual Property
Copyright
Licensing
Patents
Trademarks