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ARTICLE · 23 APRIL 2024

When Is A Gap Not A Gap? Court Maintains Procedural Differences Between Actions And Applications

Lenczner Slaght
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In two decisions released on the same day, the Federal Court has confirmed that applications are summary procedures that exclude the right or ability to examine witnesses who have not sworn affidavits.

CanadaIntellectual Property
Sana Halwani
Sana Halwani
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In two decisions released on the same day, the Federal Court has confirmed that applications are summary procedures that exclude the right or ability to examine witnesses who have not sworn affidavits.

The Court was faced with two virtually identical motions brought in two unrelated proceedings: (1) Bayer v Amgen, which relates to Canadian Patent No. 2,970,315 and its listing in respect of EYLEA, and (2) EMD Serono v Minister of Health, which relates to Canadian Patent No. 3,087,419 and its listing in respect of MAVENCLAD. Both proceedings are applications for judicial review of decisions of the Minister of Health relating to the listing of those patents on the Patent Register.

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