Pharmascience Inc. v. Janssen Inc., 2025 FC 669 (Abiraterone*)
Justice Zinn - 2025-04-10
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In a recent ruling, a motion was filed by a plaintiff seeking permission to submit three expert reply reports in a patent-related litigation involving pharmaceutical products. The defendants did not oppose two of the reports but contested specific paragraphs from the third report. The court noted that the contested paragraphs were interdependent with each other and previously evaluated data to support the claims of damages due to market exclusion caused by the defendants' unsuccessful patent assertions. The judge determined that the replies relied on previously established selection criteria, which did not constitute new evidence. Therefore, the revised evidence was deemed inadmissible as it represented an attempt to strengthen the plaintiff’s initial case rather than address a genuinely new matter raised by the defendants. The trial is scheduled for May 2025, consisting of 11 days of submissions and evidence.
Decision relates to:
- T-732-22 - PHARMASCIENCE INC. v. Janssen Inc. et Al.