8 Nov 2023
MERCK KGaA v. MERCK SHARP & DOHME CORP AND OTHERS
- Citation
- [2023] HKCFI 2885
- Court
- Court of First Instance
- Case number
- HCIP64/2019
Amendments advancing claims based on historical events occurring outside the limitation window that the plaintiff does not rely on substantively were disallowed (47(a)-(d)), while amendments asserting potentially actionable post‑limitation or within‑period conduct (47(e)-(f)) and pleaded instances of confusion (49A) were permitted. Discovery requests must be tailored to relevance and proportionality: discovery of misdirected communications and complaints is relevant but must be limited to documents sent to and/or pertaining to Hong Kong; Category2(a) and (b) disclosure was ordered, Category2(…