Takeda Canada Inc. v. Apotex Inc., 2023 FC 1353 (Dexlansoprazole*)
Justice Furlanetto - 2023-10-11
Read full decision. Automatically generated summary:
This is a motion for reply evidence relating to an action under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations. ... First, the Court must ask whether the proposed evidence is properly responsive to the other party’s evidence and if it is more than a mere statement of counter-opinion, but provides evidence that critiques, rebuts, challenges, refutes, or disproves the opposite party’s evidence. It will not be properly responsive if it simply repeats or reinforces evidence already given. Second, if the proposed reply evidence is responsive, then the Court must consider whether its relevance could have been anticipated at an earlier date. ... As the motion was of divided success, there shall be no award as to costs.
Decision relates to:
- T-151-22 - TAKEDA CANADA v. APOTEX, TAKEDA PHARMACEUTICAL CO & TAKEDA PHARMA USA