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.