Plaintiff cannot amend Statement of Claim more than 45 days after receipt of NOAs to plead infringement of further patents.
By EsqSocial Corporation 29/06/21
On May 5, 2021, the Federal Court dismissed a motion by Biomarin Pharmaceutical Inc (Biomarin) to amend its Statement of Claim to allege infringement of two patents that had not been asserted within the 45-day deadline provided by subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (Regulations): Biomarin Pharmaceutical Inc v Dr. Reddy’s Laboratories Ltd, 2021 FC 402. On January 13, 2021, Dr. Reddy’s Laboratories Ltd. (DRL) served Biomarin’s counsel with three Notices...
By: Smart & Biggar