Apotex Inc v. Merck & Co., Inc., 2012 FC 620 (Lovastatin*)

Justice Snider - 2012-05-23

Read full decision. Automatically generated summary:

Apotex Inc. (Apotex), the Plaintiff in this action, seeks compensation from Merck & Co., Inc., Merck Frosst Canada Ltd. and Merck Frosst Canada & Co. (collectively Merck) pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (PM (NOC) Regulations or Regulations). Apotex's claim relates to alleged losses incurred in the period that it was prevented from selling a generic version of the drug lovastatin because of the statutory stay imposed as a result of Merck's actions under s. 6(1) of the Regulations.

Decision relates to:

  • T-1169-01 - APOTEX INC. v. MERCK & CO. INC. ET AL
  • A-296-12 - which is an appeal from this decision


Canadian Intellectual Property