Associate Justice Crinson - 2023-08-24
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This motion for an extension of time to serve a notice of inter partes testing and to conduct that testing arises in the context of two proceedings commenced pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations. ... A lack of planning or organisation does not constitute a good explanation for the delay. Upon consideration of the factors above and where the interests of justice lie in the circumstances present here I conclude the extension of time requested ought to be allowed on the condition that GILEAD be compensated for the financial prejudice it will suffer as a consequence of reattendance to observe the DSC testing.
Decision relates to:
- T-1484-22 - GILEAD SCIENCES, INC. ET AL. v. JAMP PHARMA CORPORATION