Pharmascience Inc. v. Janssen Inc., 2024 FC 335 (Abiraterone*)

Associate Justice Horne - 2024-02-29

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This is a discovery motion within an action brought under section 8 of the PM(NOC) Regulations. ... The parties are not aware, and neither am I, of a decision where a defendant in a section 8 case was obliged to disclose settlement agreements it reached with other generics in other section 8 proceedings relating to the same drug. I am not persuaded that I should be the first, and conclude that settlement privilege applies to any agreements between Janssen and Apotex and Janssen and Dr Reddy’s to resolve those section 8 abiraterone claims, as well as the negotiations leading up to any agreement. ... Placing scores of questions in the hands of the presiding judicial officer for determination in writing after a time-limited hearing is unfair to the Court, and touches on the ability of the Court to control its own process. If a time limit is set on a discovery motion, unless otherwise expressly stated, that cannot be read as providing the parties with unlimited judicial time after the hearing to consider what the parties did not make time to address at the hearing.

Decision relates to:

  • T-732-22 - PHARMASCIENCE INC. v. Janssen Inc. et Al.


Canadian Intellectual Property