Medexus Pharmaceuticals Inc. v. Accord Healthcare Inc., 2022 FC 1734
Justice Pallotta - 2022-12-14
Read full decision. Summary prepared by Alan Macek:
The defendants, Accord Healthcare Inc and Intas Pharmaceuticals Ltd, seek leave to file an October 2022 expert report of Dr. Peter Rue as proposed reply evidence (Rue Reply) in a patent action scheduled for trial commencing January 9, 2023. ... The parties’ expert witnesses disagree on whether “about” is ambiguous from the perspective of a person of ordinary skill in the field to which the 662 Patent relates, at the material time. ... While I accept that the defendants would have expected a response to Dr. Rue’s opinion that there is no specific scientific meaning of the word “about”, I find the defendants could not have reasonably anticipated Dr. Sinko’s opinion that the skilled person would rely upon the USP to construe the 662 Patent claims, and in particular, to clarify the scope of the term “about” in claims 3 and 20.
Decision relates to:
- T-1007-20 - MEDEXUS PHARMACEUTICALS INC. ET AL. v. ACCORD HEALTHCARE INC.