Apotex Inc v AstraZeneca Inc: IP Experts Take the Plunge into the Hot Tub

摘要

Concurrent expert evidence is becoming a common feature of litigation in many jurisdictions, including Canada. Canada's Federal Court has allowed for adverse expert witnesses to testify concurrently since 2010, but only recently was this procedure used in an intellectual property case. This is an interesting and important development, but uncertainty remains about how and when the Federal Court s concurrent evidence procedure will be employed. The experience of courts in other jurisdictions provides guidance as to relevant factors the Federal Court should consider when contemplating invoking its concurrent expert evidence procedures in future cases.