Bayer Inc. v. Amgen Canada Inc., 2024 CanLII 114239
Associate Justice Duchesne - 2024-09-17
Read full decision. Summary prepared by Alan Macek:
The remaining issue before the Court is whether Amgen should be compelled to produce “two bottles each of representative samples of the cell culture at the end of each in-process steps from N-9 to N” as set out in the Notice of Motion. Amgen argues, among others, that the issue here is that the Plaintiffs are seeking “cell culture” as set out in their Notice of Motion and not “cell culture media” as they argue in their written representations, and that the production of “cell culture” samples is not relevant to this proceeding. For the reasons that follow, the Plaintiffs’ motion as it concerns the production of representative samples of the cell culture at the end of each in-process steps from N-9 to N is dismissed because they have not satisfied the Court that their proposed testing has a reasonable possibility of revealing something that will assist the trial judge in determining an issue in this proceeding.
Decision relates to:
- T-1919-23 - BAYER INC ET AL., v. AMGEN CANADA INC