Apotex Inc. v. Merck & Co. Inc., 2011 FCA 363 (Lovastatin*)

Justice Gauthier; Justice Stratas; Justice Evans - 2011-12-19

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These appeals are from the judgment of Justice Snider of the Federal Court who found Apotex and AFI had infringed Merck's Canadian Patent Number 1,161,380. This patent, which expired in 2001, covered a method of making lovastatin using a microorganism of the genus Aspergillus terreus. More specifically, the judge found that the appellants were liable for damages with respect to the Apo-lovastatin products made from the first commercial batch produced in Canada by AFI and from the 294 batches of lovastatin produced by Blue Treasure in China after March 1998.

Decision relates to:


Canadian Intellectual Property