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Motion to consolidate proceedings dismissed because trial delay would prejudice the generic manufacturer.
The moving party sought to consolidate two actions commenced under the Patented Medicines (Notice of Compliance) Regulations and to extend the 24-month stay period.
The actions involved the same generic drug submission but distinct patents and invalidity allegations.
The Federal Court dismissed the motion, finding that consolidation would prejudice the responding party by delaying the original trial and extending the time before market entry, or otherwise forcing an at-risk launch.
As the consolidation was refused, the request for an extension of the stay period was not considered.
