Merck & Co. v. Apotex Inc.
A-814-95
MacGuigan J.A.
9/5/96
2 pp.
Appeal from Trial Division decision of December 5, 1995 holding, inter alia, interim production order of November 4, 1993 remaining effective for other quantities of enalapril maleate-Appeal allowed in part-Trial Judged erred in holding interim order remaining effective for other quantities of enalapril maleate-As result of this Court's judgment of April 19, 1995, interim order from its date of issuance never applied to other quantities-Order of December 5, 1995 set aside and following ordered: (1) production orders of November 4, 1995 and December 5, 1995 limited in their operation to production with respect to designated lots of enalapril maleate purchased from foreign customer of Delmar Chemical Inc.; (2) respondent shall return to appellant all other documents produced by appellant pursuant to production order except such documents before either Division of Court in proceedings now pending as to which Court not finding it desirable to make any decision as to their return.