Bayer Inc. v. Sandoz Canada Inc., 2022 FC 1187 (Riociguat*)

Associate Justice Tabib - 2022-08-17

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The Defendant, Sandoz Canada Inc. (“Sandoz”), brings this motion for leave to amend its Statement of Defence. The Plaintiffs, Bayer Inc. and Adverio Pharma GmbH, (collectively, “Bayer”), have consented to some amendments but object to most, on the basis that there is insufficient time left before trial for them to adequately defend the new allegations. For the reasons below, the motion is granted, but on condition that if Sandoz chooses to make some of the proposed amendments, the trial dates will be adjourned and the 24-month stay contemplated in the Patented Medicines (Notice of Compliance) Regulations will be extended. ... The factual foundation for allegations of obviousness, claims broader than the invention made, inutility, insufficiency and ineligibility for listing is as broad as it is potentially complex. Given the challenges discussed above, and the fact that Bayer has only just been apprised of the new issues, the suggestion that it could reasonably be prepared to plead to such issues, conduct discovery and prepare for trial within less than 15 months defies common sense.

Decision relates to:



Canadian Intellectual Property