Apotex v. Merck, 2011 FCA 364 (Lovastatin*)

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

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The present appeal raises three issues. First is Apotex' claim for compensation governed by the version of section 8 of the PMNOC Regulations enacated in 1993 or that enacted in 1998? This, in turn, depends on whether Merck's application for prohibition was 'pending' on March 11, 1998, the date the 1998 Regulations came into effect. Second, has Apotex established an entitlement to compensation under subsection 8(1) of the applicable version of section 8? Third, if it has, should this Court determine the basis on which compensation is to be calculated and what defences to Apotex' claim are available to Merck, or should it remit these issues to the Judge?

Decision relates to:


Canadian Intellectual Property