Janssen Pharmaceutica Inc. v. Apotex Inc.
T-1452-93
Cullen J.
5/10/95
11 pp.
Application for order prohibiting Minister of National Health and Welfare from issuing notice of compliance (NOC) in connection with medicine astemizole until after expiration of patent 1,140,119 (Hismanal)-Apotex obtaining astemizole in bulk form from Medichem Inc., holder of compulsory licence with respect to astemizole, and making tablets of astemizole from bulk material-Issues whether detailed statement provided by Apotex insufficient; whether Apotex cannot rely on compulsory licence granted to Medichem; whether agreement between Apotex and Medichem amounting to improper agency-Application allowed, order of prohibition issued-(1) Detailed statement not insufficient having regard to evidence as whole-(2) Agreement between Apotex and Medichem supply agreement, not sublicensing agreement: Eli Lilly and Co. et al. v. Novopharm Ltd. et al. (1995), 60 C.P.R. (3d) 181 (F.C.T.D.); however arrangement beteween Apotex and Medichem amounting to infringement: Eli Lilly and Co. v. Apotex Inc. (1995), 60 C.P.R. (3d) 206 (F.C.T.D.); Merck and Co. Inc. et al. v. Apotex Inc. (1994), 59 C.P.R. (3d) 133 (F.C.T.D.)-(3) Given conclusion Apotex' activities would infringe applicants' patent, would be repetitive to cover essentially same ground on agency issue.