Decision

Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FC 37 (Lurasidone*)

Proth. Furlanetto - 2021-01-11

Read full decision. Automatically generated summary:

This is an action under section 6(1) of the PMNOC Regulations involving three patents listed for the medicinal ingredient lurasidone hydrochloride ... This order relates to a motion brought by the Defendant, Taro, to amend its Statement of Defence to include allegations not found in its Notice of Allegation, but raised in the Statement of Defence filed in another section 6(1) action for lurasidone hydrochloride, involving the third party generic, Pharmascience. ... However, a view that the NOA restricts the issues in the proceeding such that a Statement of Defence can never be amended to add new arguments is contrary to the express language of the RIAS and is inconsistent with the overall scheme of the PMNOC Regulations. ... In my view, the amendments proposed must be considered under the principles set out for pleading amendments in the Federal Courts Rules. ... The motion is allowed and Taro is granted leave to serve and file its proposed Amended Statement of Defence, which shall be served and filed within seven (7) days of the date of this Order.

Decision relates to:

  • T-671-20 - SUNOVION PHARMACEUTICALS CANADA INC. ET AL v. TARO PHARMACEUTICALS INC.

 

Canadian Intellectual Property