Merck & Co., Inc. v. Canada ( Attorney General )
T-427-93
Apotex Inc. v. Canada ( Attorney General )
T-3099-92
McGillis J.
18/3/93
5 pp.
Application for order adding Merck companies (Merck) as respondents in Apotex' application for judicial review to compel Minister to issue notice of compliance for several new drugs, including enalapril for which Merck patentee, exclusive licensee -- Application for order consolidating Merck's application for judicial review to restrain Minister from issuing such notice of compliance with Apotex' application for judicial review -- Applications allowed -- Apotex' application raising important and complex legal question concerning duty or authority of Minister to issue notice of compliance for enalapril -- Determination of issue involving consideration of retrospective applicability of Patent Act Amendment Act, 1992 and Patented Medicines (Notice of Compliance) Regulations -- Given priority accorded to interests of patentee under new legislative scheme, Merck's position in opposing issuance of notice of compliance to Apotex strengthened if Act and Regulations apply -- As interests of Attorney General and Minister of National Health and Welfare differ from those of Merck, could not say would adequately represent interests or advance arguments applicable to Merck's situation -- Given complexity of issue, clear legal interest of Merck companies in outcome, and necessity of ensuring effective and complete adjudication of matter, Merck companies added as respondents -- As two judicial review applications involving same facts and raising common legal issue, applications consolidated -- Federal Court Rules, C.R.C., c. 663, RR. 5, 1716 -- Patent Act Amendment Act, 1992, S.C. 1993, c. 2 -- Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.