Memorandum to the Honourable Mr. Justice Blais and Intellectual Property Section from G. Bureau, Manager, Appeal Division dated 29-JUL-2002 re attached judgment and reasons for judgment dated May 28, 2002 placed on file.

Certified French translation of the reasons for judgment / doc. # 31 delivered 28-MAY-2002 filed on 23-JUL-2002

Reasons for Judgment of the Court/ The Honourable Mr. Justice Sexton The Honourable Mr. Justice Evans The Honourable Madam Justice Sharlow Reasons delivered from the Bench by The Honourable Mr. Justice Sexton at Ottawa on 28-MAY-2002 The Court's decision is with regard to Appeal Filed on 28-MAY-2002

Judgment dated 28-MAY-2002 rendered by The Honourable Mr. Justice Sexton The Honourable Mr. Justice Evans The Honourable Madam Justice Sharlow Matter considered with personal appearance The Court's decision is with regard to Appeal Result: DISMISSED WITH COSTS Filed on 28-MAY-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 213 page(s) 16 - 16 (Final decision)

This matter comes on for hearing on 28-MAY-2002 at Ottawa before The Honourable Mr. Justice Sexton The Honourable Mr. Justice Evans The Honourable Madam Justice Sharlow Appearances: Mr. Gunar A. Gaikis (416) 593-5514 for the appellant Mr. Andrew Brodkin (416) 979-2211 for the respondent Language of Hearing: E Court Usher: Daniel Cormier Duration: on 28-MAY-2002 from 10:00 to 11:35 Courtroom : West Courtroom - Ottawa Court Registrar Sylvie Roy Total duration: 1h35min Before the Court: appeal Result: dismissed with costs Reasons delivered from the Bench Minutes of Hearing entered in Vol. 167 page(s) 48 - 50 Abstract of Hearing placed on file

Affidavit of Victoria Antunes on behalf of the respondent sworn on 16-MAY-2002 confirming service of 28 on the appellant by courier on 16-MAY-2002 filed on 16-MAY-2002

Book of Authorities consisting of 1 volume(s) prepared by the respondent filed on 16-MAY-2002 3 judges' copies stored in Ottawa

Affidavit of Glenn William Morgan on behalf of the appellant sworn on 10-MAY-2002 confirming service of Joint Book of Authorities, 2 Volumes, Doc. No. 26 on all parties by personal service on 10-MAY-2002 filed on 10-MAY-2002

Joint Book of Authorities consisting of 2 volume(s) on behalf of Appellant Filed on 10-MAY-2002 3 copy(ies) for the Court stored in Ottawa

Order dated 02-MAY-2002 rendered by Chief Justice Richard Matter considered without personal appearance The Court's decision is with regard to the motion / document number doc #15 Result: "... THIS COURT ORDERS that this appeal be heard at Ottawa on Tuesday, May 28, 2002, at 10:00a.m. for a duration not exceeding one and a half hours Filed on 03-MAY-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 212 page(s) 320 - 321

Memorandum to file from Suzanne Zalan dated 18-APR-2002 re: Upon filing docs.23 and 24, I noticed that the former was only served on respondent (plaintiff) Apotex Inc. and not on Syntex Pharmaceuticals International Limited, respondent (defendant). I contacted the solicitor for Hoffmann-LaRoche Limited, appellant (defendant), Nancy Pei, who informed me that Syntex is not part of the motion and as Syntex never served and filed a Notice of Appearance, it is not required that Syntex receive any further notification. placed on file.

Affidavit of Kingsley Koo on behalf of the appellant sworn on 18-APR-2002 confirming service of doc.23 on the respondent Apotex Inc. by telecopier on 18-APR-2002 filed on 18-APR-2002

Reply Representations on behalf of Appellant in response to the opposing submissions doc. No. 20 to the Motion in writing Filed on 18-APR-2002

Affidavit of Victoria Antunes on behalf of the respondent sworn on 12-APR-2002 confirming service of doc. #21 on the appellant by courier on 12-APR-2002 filed on 12-APR-2002

Motion Record containing the following original document(s): 20 Number of copies received: 3 on behalf of Respondent filed on 12-APR-2002

Written representations contained within a Motion Record on behalf of the respondent in opposition to doc. #15 filed on 12-APR-2002

Affidavit of Glenn William Morgan on behalf of the appellant sworn on 02-APR-2002 confirming service of Doc 18 on the respondent by personal service on 02-APR-2002 filed on 02-APR-2002

Motion Record containing the following original document(s): 15 16 17 Number of copies received: 3 on behalf of Appellant filed on 02-APR-2002

Written representations contained within a Motion Record on behalf of the appellant in support of Doc 15 filed on 02-APR-2002

Affidavit of Clarissa Da Costa on behalf of the appellant sworn on 02-APR-2002 in support of Doc 15 with attached exhibit(s) A,B,C,D,E,F filed on 02-APR-2002

Notice of motion on behalf of the appellant for an Order expediting the appeal in writing filed on 02-APR-2002

Affidavit of Clarissa Da Costa on behalf of the appellant sworn on 02-APR-2002 confirming service of Doc 13 on the respondent by telecopier on 02-APR-2002 filed on 02-APR-2002

Requisition for hearing - Appeal from Appellant filed on 02-APR-2002

Affidavit of Service of V. Antunes on behalf of Respondent, Apotex Inc. sworn on 20-MAR-2002 confirming service of 11 on the appellant and Respondent, Syntex Pharmaceuticals International Limited by courier on 20-MAR-2002 filed on 20-MAR-2002

Memorandum of fact and law on behalf of Respondent, Apotex Inc. filed on 20-MAR-2002 3 judges' copies stored in Ottawa

Affidavit of Glenn William Morgan on behalf of the appellant sworn on 18-FEB-2002 confirming service of doc.8,9 on the respondent by personal service on 18-FEB-2002 filed on 18-FEB-2002

Memorandum of fact and law on behalf of the appellant filed on 18-FEB-2002 3 judges' copies stored in Ottawa

Appeal Book consisting of 1 volume(s) prepared by the appellant filed on 18-FEB-2002 3 judges' copies stored in Ottawa

Letter from the appellant dated 18-FEB-2002 re: Appeal Book and Memorandum of Fact and Law received on 18-FEB-2002

Affidavit of Kingsley Koo on behalf of the appellant sworn on 04-FEB-2002 confirming service of 6 on the respondent by telecopier on 04-FEB-2002 filed on 04-FEB-2002

Agreement as to the content of the Appeal book from the appellant filed on 04-FEB-2002

Memorandum to file from S.Patry dated 27-DEC-2001 re: Transmitting a copy of a notice of Appeal to Mr.Justice Blais and to Intellectual Property Section - Trial Division, placed on file.

Affidavit of Service of Nicole Himel on behalf of Respondent, Apotex sworn on 19-DEC-2001 in support of 4 filed on 20-DEC-2001

Notice of appearance on behalf of Respondent, Apotex Inc filed on 20-DEC-2001

Affidavit of Clarissa Da Costa on behalf of the appellant sworn on 19-DEC-2001 confirming service of doc 1 on Syntex by personal service on 18-DEC-2001 filed on 19-DEC-2001

Affidavit of John de Simone on behalf of the appellant sworn on 17-DEC-2001 confirming service of Doc 1 on Apotex by telecopier on 17-DEC-2001 filed on 19-DEC-2001

Covering letter from Appellant dated 17-DEC-2001 concerning Doc. No. 1 placed on file on 17-DEC-2001

Notice of Appeal and 2 copies filed on 17-DEC-2001 against a decision Decision dated 6-DEC-2001 by Blais, J. in court file no. T-1168-01 Tariff fee of $50.00 received: yes