Janssen Inc. v. Pharmascience Inc., 2025 FC 389 (Macitentan*)
Associate Justice Horne - 2025-03-03
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In this action brought pursuant to section 6 of the PM(NOC) Regulations, the plaintiffs (“Janssen”) have brought a motion for sanctions on the basis that the affidavit of documents served by the defendant (“PMS”) is deficient. ... Janssen sent a request for production to PMS on January 22, 2025. The request was expansive. The document included, among many other things, a request for product monographs, labels and package inserts, marketing plans, portions of the abbreviated new drug submission (“ANDS”), and market evaluations. The request included documents in draft and final form, and used phrases such as “including, but not limited to.” ... Schedule 1 of PMS’ affidavit of documents includes two documents: a draft product monograph, and excerpts from a “description and composition of drug product” taken from its ANDS. ... The motion is granted in part. The business case is ordered produced, as is an unredacted copy of production 25. I am not satisfied that Janssen has demonstrated the relevance of sections 3.2.P.4.1 and 3.2.P.4.4 of the ANDS. PMS is required to serve a complete affidavit of documents, and may not refuse discovery questions on the basis that it constitutes cross-examination on the affidavit of documents.
Decision relates to:
- T-2593-24 - JANSSEN INC. ET AL. v. PHARMASCIENCE INC.