The Federal Court refused to stay a patent impeachment action while the patentee sought re-examination of its issued patent at the Canadian Patent Office. The Court applied well-known jurisprudence and appears to have considered a failure by the patentee to file evidence of actual prejudice, should the stay not be granted, to be relevant on the burden of proof of whether the stay was in the interests of justice. The Court awarded the responding party $5,000 in costs in any event of the cause.
Pfizer Canada ULC and Pfizer inc. v. Uniqure Biopharma B.V., 2023 FC 629