In the underlying case, Apotex has sued to impeach sanofi’s patent and sanofi and BMS have sued Apotex for infringement. The within motion is an appeal of an order refusing to compel sanofi to answer certain questions on discovery. The Court dismissed Apotex’ appeal.
The Court considered the standard of review as well as what can be considered relevant in the context of discovery. The Prothonotary had determined that most of the questions at issue were overbroad and that certain others were otherwise irrelevant and the Judge on appeal concurred. The Prothonotary had also considered proportionality in her rulings and the Judge on appeal accepted those rulings.