1 Nov 2022
Janssen Inc. v. Apotex Inc.
This appeal relates to two Orders made by the Federal Court regarding an extension of time for filing an addendum to an expert report and an amendment to a counterclaim. The Federal Court allowed both the addendum and the amendment, which challenged the validity of certain patent claims. Although leave to appeal was not formally requested, the judge considers the issues and concludes that even if leave were granted, the appeal would be dismissed. The Federal Court's decisions are analyzed, and it is determined that there were no errors in granting the extension and permitting the amendment. The appeal is ultimately dismissed with costs.