Allergan Inc. v. Apotex Inc., 2014 FC 567 (Bimatoprost*)
Justice O'Reilly - 2014-06-13
Read full decision. Summary prepared by Alan Macek:
Allergan sought a order prohibiting the Minister of Health from issuing a Notice of Compliance to Apotex under the PM(NOC) Regulations for a generic version of Bimatoprost/Lumigan RC. Apotex alleged the patent at issue was invalid on the grounds of obviousness, lack of utility and anticipation. The Court found the allegations unjustified and granted the order. The Court found the claims clear and there was no need to resort to the specification to construe them. The Court, however, found the specification helped explain the inventive concept and the utility of the invention which formed part of the obviousness and sound predication analysis.
Decision relates to:
- T-1151-12 - ALLERGAN INC. ET AL v. THE MINISTER OF HEALTH ET AL
- A-299-14(2015 FCA 137) - which is an appeal from this decision