Drug: gemcitabine  

Eli Lilly Canada Inc. v. Hospira Healthcare Corporation

This was an appeal of a decision of a Prothonotary allowing Lilly to amend the Statement of Claim in a patent infringement action. The Court canvassed the legal principles relating to leave to amend pleadings. Reviewing the matter de novo, the Court found that the appeal must be dismissed for two reasons. First, the Court was in full agreement with the reasons of the Prothonotary that the amendment did not withdraw an admission and adding a new cause of action was not a radical departure from the pleadings. Further, the Court noted that discovery has yet to be conducted and the amendments will allow the real question in controversy to be determined, the amendments do not result in an injustice to Hospira and indeed, serve the interest of justice because the parties will be able to put forward a complete case.