Gilead Sciences v. Idenix Pharmaceuticals Inc., 2014 FC 391
Justice Mactavish - 2014-04-25
Read full decision. Automatically generated summary:
The appellant, Idenix Pharmaceuticals Inc., characterize the questions raised by this appeal as being whether, as a matter of policy, the Canadian patent system should countenance outright fraud, and whether this important policy question should be decided by a pleadings motion. For the reasons that follow, I have concluded that the appellants should be permitted to amend their pleadings to add a further claim of invalidity, based upon an alleged wilful misrepresentation as to the inventorship of the patent in issue. Consequently, the appeal from the order of a Prothonotary refusing leave to make such an amendment will be allowed.
Decision relates to:
- T-1156-12 - GILEAD SCIENCES,INC.ET AL v. IDENIX PHARMACEUTEICALS,INC.ET AL
- A-242-14(2014 FCA 247) - which is an appeal from this decision