The Federal Court of Appeal summarily denied Apotex’ motion to expedite its appeal of a decision of the Federal Court (February 21, 2011) denying Apotex leave to file sur-reply expert reports on infringement. The factors considered by the Court of Appeal in denying Apotex’ motion included that: (1) Apotex took 7 days after filing its notice of appeal to file its motion to expedite; (2) it would be unfair to require BMS to respond in less time than it took Apotex to prepare its motion; and (3) Apotex could have brought the underlying sur-reply motion much earlier than it did.

A copy of the decision is may be found at the following link: