• Leave to Intervene Denied on the Basis of No Additional Insight and Delay
  • June 23, 2015 | Authors: Adrian J. Howard; Beverley Moore; Chantal Saunders
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • 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.