Pfizer Canada Inc. v. Apotex Inc.
T-442-96
Noël J.
12/2/97
5 pp.
Apotex Inc. moving for order applicants be represented by one counsel only, and for order extending schedule for completion of interlocutory matters-In originating notice of motion, Gowling Strathy & Henderson listed as solicitors to Pfizer, Leger Robic Richard listed as solicitors to UCB Pharma Inc.-Apotex recognizing only one firm of solicitors as counsel of record for applicants-In support of application, Apotex arguing Pfizer first person under Patented Medicines (Notice of Compliance) Regulations, only entitled to relief sought in application-Regulations requiring UCB as owner of patent in issue be made party to proceedings-In seeking to preserve rights as owner of patent in issue, patentee obviously entitled to be represented by own counsel-No basis for order having effect of taking away that right-First person, patentee, if represented by separate counsel, cannot put second person through task of responding to two independently run cases in one proceeding-Must coordinate efforts to avoid duplication on any issue of fact and law they wish to pursue so that second person not put to task and expense of responding to same issue more than once-Application dismissed-Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.