The defendants brought a motion to strike portions of the plaintiff's fresh as amended statement of claim and for particulars.
The plaintiff, a generic drug manufacturer, sued the defendants for misfeasance in public office and other torts related to the handling of new drug submissions.
The court struck the claim for unlawful discrimination, finding it had no reasonable prospect of success, and struck certain paragraphs for improperly pleading evidence.
However, the court refused to strike claims based on res judicata, finding the tort claims distinct from prior judicial review proceedings, and refused to strike claims related to the loss of the benefit of section 8 of the Patent Medicines (Notice of Compliance) Regulations.
The motion for particulars was dismissed.
