Gilead Sciences, Inc. et al. v. Idenix Pharmaceuticals, Inc., 2014 FCA 247
Justice Trudel; Justice Webb; Justice Near - 2014-10-29
Read full decision. Automatically generated summary:
Gilead Sciences, Inc., Gilead Sciences Canada, Inc. and Gilead Pharmasset LLC (Gilead) have appealed the order and reasons of Mactavish J. (2014 FC 391) who allowed the appeal of Idenix Pharmaceuticals Inc. (Idenix) from the Order of Prothonotary Tabib (T-1156-12). Idenix had brought a motion before the Prothonotary to amend its Amended Statement of Defence and Counterclaim. The Prothonotary granted leave for Idenix to make certain amendments to its pleadings but denied leave to amend its pleadings related to section 53 of the Patent Act, R.S.C. 1985, c. P-4 and the identity of the inventors of the patent, as set out in paragraphs 58A to 58F of its notice of motion. On appeal, Mactavish J. granted Idenix leave to amend its Amended Statement of Defence and Counterclaim as set out in these paragraphs.
Decision relates to:
- A-242-14 - GILEAD SCIENCES, INC. ET AL v. IDENIX PHARMACEUTICALS, INC. which is an appeal from 2014 FC 391 in T-1156-12