Merck & Co. Inc. v. Apotex Inc.
T-2408-91
Nadon J.
16/5/96
11 pp.
Motion seeking orders for defendant to: (1) deliver up all enalapril maleate; (2) submit all records and inventory for inspection; (3) transfer all records and inventory to central location; (4) recall all tablets prepared from bulk enalapril maleate-Proceeding arising from plaintiff's action for patent infringement; action allowed by Trial Division; reversed in part by Court of Appeal-Final judgment holding three particular lots of bulk enalapril maleate infringing on patent but silent as to other quantities of enalapril maleate-Plaintiff assuming tablets sought to be recalled prepared from infringing bulk enalapril maleate-Enalapril maleate in respect of which seeking order not held by Court to infringe patent-If other quantities infringing plaintiff's patent, plaintiff may apply to Court for contempt order in light of general injunction enjoining defendant from infringing patent; however, such conclusion cannot be reached in context of present proceedings without trial-Relief sought attempt to widen scope of final judgment-Motion dismissed with costs in favour of defendant.