Justice Fothergill - 2019-03-08
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Valeant seeks an order prohibiting the Minister of Health from issuing a Notice of Compliance [NOC] to Generic Partners. Generic Partners alleges that its proposed Generic Product will not infringe Claims 14 to 19, 21 to 24, 26 and 27 of the 671 Patent, but does not dispute that it will infringe Claims 1 to 13, 20 and 25. Generic Partners also maintains that all claims of the 671 Patent are invalid for anticipation, obviousness, double patenting and/or insufficiency. For the reasons that follow, Valeant has met its burden of proving, on the balance of probabilities, that Generic Partners’ allegations respecting the invalidity of 671 Patent are not justified. The application for an order prohibiting the Minister of Health from issuing an NOC for the Generic Product is therefore granted.
Decision relates to:
- T-834-17 - VALEANT CANADA LP/VALEANT CANADA S.E.C. v. GENERIC PARTNERS CANADA INC ET AL