The defendant in a patent infringement action under the PMNOC Regulations moved to amend its Statement of Defence to add new grounds of invalidity and prior art references not included in its Notice of Allegation.
The court found that the PMNOC Regulations do not strictly limit the issues in the proceeding to those raised in the NOA.
The amendments were allowed as they were already in play in a related proceeding and did not cause significant prejudice.
