Case Law VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,

VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,

Document Cited Authorities (41) Cited in (20) Related (2)
5 cases
Document | Federal Court of Appeal (Canada) – 2023
Canada v. Witchekan Lake First Nation,
"...215 must be interpreted and applied consistently with the objectives in Rule 3 (ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 37 [ViiV Healthcare]). Rule 3 seeks to “secure the just, most expeditious and least expensive outcome o..."
Document | Federal Court (Canada) – 2025
Carreau v. Canada (Attorney General), 2025 FC 1268
"...Jeddore v The Queen, 2003 FCA 323 at para 71). [41] Lastly, per paragraph 46 of Viiv Healthcare Company v Gilead Sciences Canada Inc, 2021 FCA 122, an appellate court should be especially loathed to interfere where, as here, a particular judge of the Federal Court is case-managing. Even mor..."
Document | Federal Court of Appeal (Canada) – 2023
Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC,
"...Inc. v. Pharmascience Inc., 2022 FCA 143, 196 C.P.R. (4th) 120 at para. 38; Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 56; Evolution Technologies Inc. v. Human Care Canada Inc., 2019 FCA 209, 167 C.P.R. (4th) 285 at para. 17; ABB Tec..."
Document | Federal Court (Canada) – 2024
Alberta v. Canadian Copyright Licensing Agency,
"...just, most expeditious and least expensive’ way’” [see ViiV Healthcare Company v. Gilead Sciences Canada, Inc, 2021 FCA 122 at paras [146] The rules applicable to summary trials are found in Part 4 of the Rules. Rule 213(1) allows a party to bring a motion for summary t..."
Document | Federal Court of Appeal (Canada) – 2023
Kilback v. Canada,
"...LLC v. 2424508 Ontario Ltd., 2019 FC 1524, and cited with approval by this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39. See also Gemak Trust v. Jempak Corporation, 2022 FCA 141 at paras. [32] Although the Minister bore the burden of establishing th..."

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2 firm's commentaries
Document | Mondaq Canada – 2021
Federal Court Of Appeal Finds Summary Trial Appropriate, Upholds Dismissal Of ViiV's Action For Patent Infringement Re: Gilead's BIKTARVY
"...as one of three medicinal ingredients in BIKTARVY (see our article here): ViiV Healthcare Company v Gilead Sciences Canada, Inc, 2021 FCA 122. The Court of Appeal also dismissed appeals from three interlocutory orders of the Federal Court, including the dismissal of ViiV's motion to quash t..."
Document | Mondaq Canada – 2021
Federal Court Of Appeal Affirms: Summary Adjudication Of Patent Disputes Is Viable In Canada
"...decision ViiV Healthcare Company v Gilead Sciences Canada Inc. 2021 FCA 122 the Federal Court of Appeal has affirmed one of the first patent infringement actions to be heard by way of summary trial (discussed in our previous blog here) and, in doing so, offered clarity in the law pertaining..."

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5 cases
Document | Federal Court of Appeal (Canada) – 2023
Canada v. Witchekan Lake First Nation,
"...215 must be interpreted and applied consistently with the objectives in Rule 3 (ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 37 [ViiV Healthcare]). Rule 3 seeks to “secure the just, most expeditious and least expensive outcome o..."
Document | Federal Court (Canada) – 2025
Carreau v. Canada (Attorney General), 2025 FC 1268
"...Jeddore v The Queen, 2003 FCA 323 at para 71). [41] Lastly, per paragraph 46 of Viiv Healthcare Company v Gilead Sciences Canada Inc, 2021 FCA 122, an appellate court should be especially loathed to interfere where, as here, a particular judge of the Federal Court is case-managing. Even mor..."
Document | Federal Court of Appeal (Canada) – 2023
Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC,
"...Inc. v. Pharmascience Inc., 2022 FCA 143, 196 C.P.R. (4th) 120 at para. 38; Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2021 FCA 122, 460 D.L.R. (4th) 272 at para. 56; Evolution Technologies Inc. v. Human Care Canada Inc., 2019 FCA 209, 167 C.P.R. (4th) 285 at para. 17; ABB Tec..."
Document | Federal Court (Canada) – 2024
Alberta v. Canadian Copyright Licensing Agency,
"...just, most expeditious and least expensive’ way’” [see ViiV Healthcare Company v. Gilead Sciences Canada, Inc, 2021 FCA 122 at paras [146] The rules applicable to summary trials are found in Part 4 of the Rules. Rule 213(1) allows a party to bring a motion for summary t..."
Document | Federal Court of Appeal (Canada) – 2023
Kilback v. Canada,
"...LLC v. 2424508 Ontario Ltd., 2019 FC 1524, and cited with approval by this Court in ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 39. See also Gemak Trust v. Jempak Corporation, 2022 FCA 141 at paras. [32] Although the Minister bore the burden of establishing th..."

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2 firm's commentaries
Document | Mondaq Canada – 2021
Federal Court Of Appeal Finds Summary Trial Appropriate, Upholds Dismissal Of ViiV's Action For Patent Infringement Re: Gilead's BIKTARVY
"...as one of three medicinal ingredients in BIKTARVY (see our article here): ViiV Healthcare Company v Gilead Sciences Canada, Inc, 2021 FCA 122. The Court of Appeal also dismissed appeals from three interlocutory orders of the Federal Court, including the dismissal of ViiV's motion to quash t..."
Document | Mondaq Canada – 2021
Federal Court Of Appeal Affirms: Summary Adjudication Of Patent Disputes Is Viable In Canada
"...decision ViiV Healthcare Company v Gilead Sciences Canada Inc. 2021 FCA 122 the Federal Court of Appeal has affirmed one of the first patent infringement actions to be heard by way of summary trial (discussed in our previous blog here) and, in doing so, offered clarity in the law pertaining..."

Try vLex and Vincent AI for free

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