Takeda Canada Inc. v. Apotex Inc., 2023 FC 1366 (Dexlansoprazole*)
Justice Furlanetto - 2023-10-13
Read full decision. Automatically generated summary:
By this motion, Apotex seeks to amend its Further Amended Statement of Defence to include the underlying parent patent application that relates to the divisional patent pleaded in support of its Gillette Defence. ... It is worth noting that this motion arises on the eve of trial, which is scheduled to commence in mere days. As set out further below, I will allow the amendment in part only in so far as it clarifies that the pleaded publication date of April 29, 2004 refers to publication of the 574 Application. The remainder of the proposed amendment is denied. ... While Apotex has delivered evidence relating to the Gillette Defence and in doing so has provided notice to Takeda of certain portions of the 574 Application it asserts is relevant, there are outstanding issues relating to that evidence which are a matter for trial. There is a live debate as to who had the onus to lead evidence on the Gillette Defence. Each party argues that the other should have lead this evidence in chief.
Decision relates to:
- T-151-22 - TAKEDA CANADA v. APOTEX, TAKEDA PHARMACEUTICAL CO & TAKEDA PHARMA USA