On a motion by Takeda defendants to add Takeda Pharmaceuticals North America, Inc. and Takeda Pharmaceuticals LLC as plaintiffs-by-counterclaim in a patent dispute, the court held the proposed pleading disclosed a tenable cause of action and met the Ontario rules for joinder and amendment.
The court found the proposed entities’ pleaded licensee status and supply-chain damages allegations were sufficient at this stage, with particulars and evidentiary disputes to be addressed through discovery.
Applying joinder and amendment principles, the court concluded that adding the parties would avoid multiplicity of proceedings, promote convenient administration of justice, and not cause non-compensable prejudice to Apotex.
The motion was granted, and Takeda was awarded partial-indemnity costs payable within forty days, with quantum to be resolved if not agreed.
