| Citation: |
Apotex Inc. v. Syntex Pharmaceuticals International Ltd., 2009 FC 494, [2009] 4 F.C.R. D-5 |
T-1168-01 |
Patents
Action brought by plaintiff for damages, other relief under Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 concerning Canadian Patent No. 1204671 ('671 patent)—Prohibition order granted in 1996 (67 C.P.R. (3d) 484 (F.C.T.D.)) finding '671 patent within scope of Regulations—Regulations amended in 1998—Whether 1993 or 1998 version of Regulations applicable to plaintiff’s claims in action—Proceeding in which prohibition order granted, set aside final when amendments to Regulations came into force—Fact judgment later varied, set aside not meaning matter was “pending” within the meaning of Regulations, s. 9(6)—1993 version of Regulations thus applicable—Had 1998 Regulations applied, events respecting prohibition order proceedings would have triggered s. 8 of those Regulations—However, these events not triggering s. 8 of 1993 Regulations since invalidity of '671 patent not occurring in context of Regulations application but in separate action—No unreasonable delay by Minister in issuing notice of compliance to plaintiff—Action dismissed.
Apotex Inc. v. Syntex Pharmaceuticals International Ltd. (T-1168-01, 2009 FC 494, Hughes J., judgment dated May 12, 2009, 45 pp.)