We are now over 4 years into the new regime and there have been a number of cases commenced and decided by the Federal Court and Federal Court of Appeal. The presenters will discuss various issues that have arisen as a result of the significant amendments introduced to the PMNOC Regulations (implemented on September 21, 2017), how such amendments have been addressed in practice, as well as how the Court has interpreted the PMNOC Regulations in procedural matters.
The discussion will include:
- How has the Court dealt with parallel actions not permitted to be joined (e.g., joint discovery, pre-trial steps, and trial of common issues)?
- Discovery issues, including relevance, limits on oral discovery.
- How have parties adjusted to abbreviated timelines? Is a 10-day trial sufficient?
- Procedural matters involving interpretation of the PMNOC Regulations by the Court (e.g., ability to bring actions/amend a claim following 45-day period, application of section 8.2, mootness where patent expires before decision).
