Federal Court Releases Updated Case Management Guidelines for PM(NOC) Proceedings

The Federal Court recently released a Notice to the Parties and the Profession: Case Management Guidelines for NOC Applications (the Notice) providing guidance on case management of proceedings under the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) proceedings). The Notice provides the following:

1.      Hearing Duration

Hearing of a PM(NOC) proceeding will be conducted summarily in 2 or 3 days, and no more than 5 days absent extraordinary circumstances.

2.      Case Management Conferences

The Notice contemplates three case management conferences (CMCs).

The first CMC, presided over by both the case management judge and the hearing judge (if different), should be held within 30 days after the requisition for hearing is filed. This CMC will canvass the timing of steps leading up to the hearing and interlocutory motions. An early filing of the requisition for hearing is encouraged.

The second CMC, a Hearing Management Conference presided over by both the case management judge and the hearing judge (if different), should take place approximately two months before the hearing date after both parties have filed their application records. Topics to be discussed will include any prospect of settlement or mediation, any remaining motions, and the identification of all evidence to be presented at the hearing.

The final CMC should be held at least 30 days before the hearing and topics to be discussed will include the identification of patents and claims which remain in issue and provision of a statement of agreed facts or documents.

3.      Compendia, Outlines of Argument and Demonstrative Evidence

The parties shall serve and file compendia of evidence and jurisprudence at least 15 days prior to the hearing. Outlines of argument may be served and filed during the hearing. Demonstrative evidence sought to be used should be exchanged by the parties at least 30 days before the hearing.

4.      Note on Claims Construction

On a written request by the parties at least 120 days before the hearing date, the parties will submit claims charts at least 90 days prior to the scheduled hearing date. A case conference meeting will follow to limit claim construction issues prior to the hearing.