Apotex Inc. v. Nycomed Canada Inc., 2011 FC 1441 (Pantoprazole*)

Justice Simpson - 2011-12-09

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The Plaintiffs by counterclaim in both actions described above [collectively Nycomed] appeal two decisions of Prothonotary Milczynski dated December 13, 2010 to the extent that she refused Nycomed leave to amend its counterclaim in each action to allege (i) that Apotex and Novopharm should be found liable for contributory infringement and (ii) that Apotex and Novopharm knew or ought to have known that their generic versions of pantropazole would be used in an infringing manner i.e. in a combination that infringed Nycomed's Canadian Patent No. 2,089,748.

Decision relates to:


Canadian Intellectual Property