Samsung Bioepis Co., Ltd. v. Janssen Biotech, Inc., 2024 FC 1715
Associate Justice Horne - 2024-10-29
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The defendant has brought a motion to add a counterclaim to this impeachment action. The motion is dismissed because the proposed counterclaim is insufficiently particularized, and does not disclose a reasonable cause of action. ... The Proposed Pleading goes beyond simply asserting that Samsung has received an NOC, but I agree with the plaintiff that what follows are broad allegations, not material facts. The Proposed Pleading sets out virtually every manner in which a patent can be infringed, and ascribes those activities generally to either or both of Samsung and Sandoz using qualifying language such as “and/or” and “including.” There is no specificity as to what Sandoz is alleged to have done. ... There are obvious benefits to having all issues of validity and infringement determined at the same time by the same trial judge, however I am not satisfied that a counterclaim should be added to this proceeding without the plaintiff and the Court knowing what it is in advance.