Digests

Decision Information

Aventis Pharma Inc. v. Apotex Inc.

Collection Digests
Date 2005-10-11
Neutral citation 2005 FC 1381
Report citation [2006] 4 F.C.R. D-45
File numbers T-1851-03
Subjects Patents - Practice
Notes Full-Text Decision

Decision Content

PATENTS

Practice

Application for order prohibiting Minister of Health from issuing notice of compliance (NOC) to Apotex Inc. for Apo‑Ramipril until after expiry of Canadian Patent 1246457 for drug ramipril—Interchangeability of drugs at pharmacy level—Apotex proposing limited interchangeability—To comply with requirement for detailed statement in Patented Medicines (Notice of Compliance) Regulations, s. 5(3)(a), notice of allegation (NOA) must clearly set out all reasons why second person alleging will not infringe—Since limited interchangeability not mentioned in NOA, not relevant on this application—Applicants demonstrating infringement will occur—Application allowed—Patented Medicines (Notice of Compliance) Regulations, SOR/93‑33, s. 5(3)(a) (as am. by SOR/99‑379, s. 2).

Aventis Pharma Inc. v. Apotex Inc. (T‑1851‑03, 2005 FC 1381, Simpson J., order dated 11/10/05, 25 pp.)

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