Discovery motion regarding section 8 PM(NOC) action addresses settlement privilege and waiver.
In an action under section 8 of the Patented Medicines (Notice of Compliance) Regulations, the moving party sought production of settlement and cooperation agreements the responding parties had reached with other generic manufacturers.
The Court held that the agreements were protected by settlement privilege and that the responding parties had not waived the privilege by pleading what would have happened in the hypothetical 'but-for' world.
The Court ordered some questions answered and declined to order others, refusing to adjudicate questions in writing that were not reached during the allotted oral hearing.
