Gilead Sciences, Inc. v. Teva Canada Limited, 2016 FC 31

We previously reported on the appeal of a refusal to strike out a statement of claim, which was dismissed, during the week of April 4, 2016. In the previously published Gilead Sciences, Inc. v. Teva Canada Limited, 2016 FC 336, the Court had dismissed Teva Canada Limited's appeal from the Prothonotary's Order declining to strike out Gilead's Statement of Claim in its entirety. The Prothonotary struck some of the pleadings, but allowed the action to continue on the basis of amended allegations of a likely future (quia timet) infringement.

The original underlying decision has now been published by the Court as 2016 FC 31.