Apotex Inc. v. Syntex Pharmaceuticals International Limited, 2009 FC 494
Justice Hughes - 2009-05-12
Read full decision. Automatically generated summary:
This is an action brought by Apotex Inc. for damages and other relief under the provisions of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (PMNOC Regulations). This action raises a number of complex issues, some of which have been deferred pending the outcome of other proceedings now before the Federal Court of Appeal. All of the issues, including those not deferred, arise from the arcane nature of the PMNOC Regulations, imperfections in their draughtsmanship often the subject of comment by the Courts, and the presumably large amounts of money at stake, all of which motivates the parties and their lawyers to leave no stone unturned. For the reasons that follow, I find that the action is dismissed with costs to the Defendant Hoffmann LaRoche Limited.
Decision relates to:
- T-1168-01 - APOTEX INC. v. SYNTEX PHARMACEUTICALS INTERNATIONAL LTD. ET AL
- A-238-09(2010 FCA 155) - which is an appeal from this decision