Digests

Decision Information

Decision Content

Patents

Practice

 Motions in two proceedings to set aside final order made by Court, affirmed by F.C.A., on grounds subsequent order of Court requires setting aside of two earlier orders — Proceedings under consideration brought under provisions of Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, concerning drug containing omeprazole — Apotex arguing earlier prohibition orders can be reopened based on (1) Court’s continuing jurisdiction over such orders if material change in circumstances, (2) Federal Courts Rules, SOR/98-106, r. 399 — Subsequent judgment in another proceeding rarely, if ever, a circumstance permitting reopening of judgment in earlier proceeding — Where subsequent change in circumstances, Court reluctant to speculate as to effect on earlier event —  Apotex not demonstrating product at issue in third NOC proceeding in fact same product as that considered in two earlier proceedings — Motions dismissed.

AB Hassle v. Apotex Inc. (T-1747-00, T-1878-02, 2008 FC 184, Hughes J., order  dated 13/2/08, 27 pp.)

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.