Facts: Akebia Therapeutics Inc. and Otsuka Canada Pharmaceutical Inc. (Akebia) sought to invalidate three Canadian patents owned by FibroGen Inc. (FibroGen). A Confidentiality Agreement was established to protect exchanged documents' confidentiality during litigation. The litigation involved classifications of information as publicly available, non-public, Confidential, or Highly Confidential.
Issue: The primary issues were whether Akebia's motion to challenge confidentiality designations was moot following the discontinuation of the action and if the implied undertaking rule was violated.
Ruling: The Federal Court of Appeal found in favor of FibroGen, concluding that Akebia's motion was moot due to the discontinuation of related litigation and that Akebia sought to circumvent the implied undertaking rule. The appeal was allowed, the Federal Court's order was set aside, and Akebia's motion was dismissed.
Amount Awarded: FibroGen was awarded costs totaling $30,000.00.
