Merck Sharp & Dohme Corp. v. Wyeth LLC, 2020 FC 1087 (Pneumococcal*)

Justice Gagné - 2020-11-24

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In their impeachment action, Merck, who are currently developing a pneumococcal conjugate vaccine with 15 serotypes [V114] , are seeking an order invalidating Wyeth LLC’s Composition Patent and two Formulation Patents relating to its current pneumococcal conjugate vaccine with 13 serotypes [Prevnar 13]. As the twelve-day trial is scheduled to commence on November 30, 2020, Merck brings this motion for leave to file reply expert reports from its three experts. ... Merck is granted leave to file the Reply Reports and Rebuttal Opinion since: (a) it has not yet had an opportunity to address those issues; (b) they were not and could not have been reasonably anticipated; and (c) the new matters require a response in order for the Court to have a complete and accurate picture of the scientific issues raised on important issues in the case. There will be no prejudice to Wyeth as its experts had the opportunity to comment on all the issues raised in Merck’s expert reports and it is hereby granted leave to file Dr. Ravenscroft’s Response to Rebuttal. Costs on this motion are granted to Merck.

Decision relates to:



Canadian Intellectual Property