The defendants, originator pharmaceutical companies, brought a motion to strike portions of the plaintiff generic manufacturer's statement of claim, or alternatively for particulars.
The plaintiff sought damages under section 8 of the PMNOC Regulations and the Statutes of Monopolies for delayed market entry due to an allegedly invalid patent.
The court struck the Statutes of Monopolies claims as premature because the plaintiff had not yet obtained an in rem declaration of invalidity from the Federal Court.
The court also struck 'basket clause' claims but allowed claims against a related corporate entity and allegations of an anti-competitive product switching campaign to proceed.
Particulars were ordered for claims of lost sales, profits, and business opportunities.
