Apotex is claiming damages pursuant to s.8 of the Notice of Compliance Regulations in Ontario Court, and Abbott and Takeda allege that Apotex infringes certain claims for of two patents. Takeda brought a motion to add further parties as Plaintiffs to the counterclaim; pleading that the proposed new Plaintiffs by Counterclaim are licensees under the patents in question.
The Court held that the parties sought to be added are members of a supply chain and accordingly, sales lost would affect those numbers in the supply chain. The Court also held the further particulars and other information requested by Apotex was not necessary in order for the pleading to stand. Thus, the motion was granted, with costs.