Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FCA 113 (Lurasidone*)

Justice Locke; Justice de Montigny; Justice Rivoalen - 2021-06-09

Read full decision. Automatically generated summary:

The appellants appeal from a decision of the Federal Court (2021 FC 37), in the context of an action under the PM(NOC) Regulations. The Decision granted a motion by the respondent to amend its statement of defence in the Action to introduce allegations of invalidity of the patents in suit that were not included in its notice of allegation (NOA) served prior to the commencement of the Action. Under the Regulations as they stood prior to September 21, 2017, a “second person” (here, the respondent, which is the defendant in the Action) was limited to relying on allegations made in its NOA. It could not introduce new allegations of invalidity or non-infringement of the patent(s) in suit. The Decision concluded that this limitation does not apply to actions commenced under the Regulations as amended on September 21, 2017. This is the focus of the disagreement between the parties in this appeal. ... In conclusion, I find no error in the Federal Court’s reasons. I would dismiss the present appeal with costs in the amount of $5,000.

Decision relates to:

  • A-80-21 - SUNOVION PHARMACEUTICALS CANADA INC. ET AL v. TARO PHARMACEUTICALS INC. which is an appeal from 2021 FC 37 in T-671-20


Canadian Intellectual Property