Amgen Canada Inc. v. Apotex Inc., 2016 FCA 196 (Filgrastim*)
Justice Stratas; Justice Noël; Justice Rennie - 2016-07-15
Read full decision. Automatically generated summary:
Apotex moves for an order dismissing this appeal because it has become moot. ... Amgen opposes the motion. In its first written representation on the motion, Amgen pointed out that the notice of compliance the Minister issued concerned one dosage strength of pharmaceutical product but not another. ... Based on that evidentiary record, I find that the other dosage strength raised by Amgen is not before the Minister. The Minister could not be the subject of a prohibition application concerning that product. Thus, it is not within the ambit of this appeal. This appeal concerns only the dosage strength of Grastofil for which the Minister has issued a notice of compliance. ... These authorities all say—on facts virtually identical to these—that in a matter arising under the Regulations, this Court should not entertain an appeal from a denial of prohibition where the patentee can bring an action for patent infringement and can assert its patent against the section 8 claim. ... For the foregoing reasons, I would grant Apotex’s motion and dismiss this appeal with costs.
Decision relates to:
- A-501-15 - AMGEN CANADA INC ET AL v. APOTEX INC ET AL which is an appeal from 2015 FC 1261 in T-2072-12