The defendants, innovator pharmaceutical companies, sought leave to appeal a decision dismissing in part their motion to strike the plaintiff generic drug company's claims for unjust enrichment and damages under the Trade-marks Act.
The court granted leave to appeal regarding the unjust enrichment claim, finding that a recent conflicting decision raised serious doubts about its correctness and that the issue was of general importance.
However, the court denied leave to appeal regarding the Trade-marks Act claim, finding no conflicting decisions or reason to doubt the motion judge's correctness.
