Aktiebolaget Hassle v. Novopharm Ltd.
T-1313-96
Lutfy J.
24/2/97
9 pp.
Plaintiff seeking by way of summary judgment declaration teminating compulsory licence granted to defendant Novopharm in respect of Hassle's Canadian patents 158 and 417 and medicine omeprazole-Agreement made in anticipation of 1992 amendments to Patent Act replacing compulsory licensing with current regime-In three different decisions, Federal Court of Appeal characterized agreement as sublicence in breach of clause 12 of Licence justifying termination of licence pursuant to clause thereof (leave to appeal three decisions granted by Supreme Court of Canada)-Motion for summary judgment dismissed-Incumbent on applicant to establish trial not necessary-However, essential issues of law and fact remain to be determined before Court can determine licence terminated-Unanswered questions may affect outcome of action.