Genentech, Inc. v. Amgen Canada Inc., 2018 FC 694 (Trastuzumab*)
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On this motion, the Defendant, Amgen Canada Inc. [Amgen], seeks an order pursuant to section 6.08 of the Patented Medicines (Notice of Compliance) Regulations [Regulations] dismissing this action in respect of Canadian Patent Nos. 2,376,596 [596 Patent] and 2,407,556 [556 Patent] on the ground that the action is redundant, scandalous, frivolous or vexatious or is otherwise an abuse of process. Specifically, Amgen asserts that there is insufficient evidence to support the claims in relation to the 596 and 556 Patents and as such, the claims are so clearly futile that they have not the slightest chance of success. For the reasons that follow, the motion is dismissed with costs to the Plaintiffs in any event of the cause.
Decision relates to:
- T-1921-17 - GENENTECH INC ET AL v. AMGEN CANADA INC