Les Laboratoires Servier v. Apotex Inc., 2019 FC 616 (Perindopril*)
Justice Roy - 2019-05-08
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This application, pursuant to section 6 of the NOC Regulations, seeks an order from this Court in the nature of a writ of prohibition for the purpose of preventing the Minister of Health from issuing a Notice of Compliance to Apotex for its APO-PERINDOPRIL/AMLODIPINE consisting of orally administered tablets containing 3.5/2.5 mg, 7/5 mg and 14/10 mg perindopril/arginine/amlodipine. ... In its NOA of April 4, 2017, Apotex Inc., a generic manufacturer, alleged invalidity of the '825 Patent on the basis of a number of grounds: double-patenting and improper selection, insufficiency, obviousness, inutility, overbreadth, and anticipation. ... The allegation of invalidity of the '825 Patent on account of lack of utility and insufficiency of disclosure are not justified. The allegations of invalidity for overbreadth and obviousness are justified. The allegation of invalidity by reason of anticipation was not asserted. As for the allegation of invalidity by reasons of double-patenting, the Court declined to consider it further in view of its conclusion on obviousness. It follows that the application for an order of prohibition sought by the first person, Servier, must be dismissed, with costs in favour of the second person, Apotex.
Decision relates to:
- T-739-17 - LES LABORATOIRES SERVIER ET AL c. APOTEX INC. ET AL