Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2023 FC 1414 (Nintedanib*)
Associate Justice Cotter - 2023-10-25
Read full decision. Summary prepared by Alan Macek:
The defendant, JAMP, brings this motion for an order granting it leave to serve and file an amended statement of defence, specifically the proposed amended statement of defence attached as Schedule “A” to its notice of motion. For the reasons below, JAMP is granted leave to serve and file its Proposed Amended Defence. ... It is not necessary to decide this motion based on who bears the burden on that particular issue, or by drawing inferences, because even if JAMP was aware of the New Invalidity Allegations at the time the NOA was served, in view of the circumstances of this case, it is in the interests of justice to permit the Proposed Amendments.
Decision relates to:
- T-1563-22 - BOEHRINGER INGELHEIM(CANADA) LTD ET AL v. JAMP PHARMA CORP.