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Evidentiary rulings on hearsay and expert qualifications made in advance of a patent infringement trial.
In an underlying patent infringement action concerning a long-acting injectable drug product for schizophrenia, the Court ruled on pre-trial evidentiary objections.
The Court excluded several statements in expert reports as inadmissible hearsay, but admitted others.
The Court also dismissed objections to expert qualifications, holding that Dr. Agid was qualified to opine on prescribing practices and Dr. Rabinow was qualified to give expert evidence on pH, particle size distribution, viscosity, and isotonicity.
Amendment adding PTSD damages allowed as new head of damage, not new cause.
The plaintiffs brought a motion to amend their statement of claim in a negligence action arising from a fatal motor vehicle collision.
They sought to add claims for post‑traumatic stress disorder suffered by a surviving spouse and related income loss, as well as expanded Family Law Act damages for a child.
The defendants argued the amendment introduced a new cause of action outside the limitation period and improperly pleaded evidence.
The court held the proposed amendment merely added a new head of damages arising from the same material facts already pleaded and therefore did not constitute a new cause of action.
The amendment was permitted, except for portions that improperly pleaded evidentiary details.
