PRACTICE |
Contempt of Court |
Merck & Co. Inc. v. Apotex Inc.
T-2408-91
2001 FCT 859, Dawson J.
5/6/01
14 pp.
By judgment dated March 7, 2000, Court finding contempt committed by defendant Apotex Inc. and by Dr. Bernard Sherman, Chairman of Apotex Inc.--Supplementary judgment providing for penalties--In case of Apotex Inc., Court imposing fine in amount of $250,000 to be paid forthwith by defendant corporation, for contempt in two respects--In case of Dr. Bernard Sherman, Court imposing fine in amount of $4,500 to be paid forthwith by Dr. Sherman who, as President and Chief Executive Officer of Apotex, on December 15, 16, 1994, authorized sales by Apotex of infringing product, after reasons for judgment filed on December 14, thus interfering with orderly administration of justice, impairing authority, dignity of Court--Formal apology factor to be considered in assessing appropriate penalties--Dr. Sherman did not act in manner demonstrating intent to ignore reasons of Court--Reports of comment about station, circumstances of corporate defendant, Dr. Sherman of no relevance in considering penalties for contempt herein--In case of Apotex, fine of $250,000 assessed for selling infringing product on December 15, 16, after encouraging sales, and for continuing after January 9, 1995, to facilitate sales among third parties, with allowances from Apotex--Latter activity demonstrating disrespect of Court's ruling, lack of appreciation ruling based on recognition of plaintiffs' exclusive right to use, sell product of patented invention--Fine less than maximum of $5,000 appropriate in case of Dr. Sherman--Plaintiffs shall have costs on solicitor-client basis, for which costs defendant Apotex Inc., Dr. Sherman shall be jointly, severally liable for payment--R. 400 provides discretion for Court in appropriate case to fix costs in lump sum in lieu of assessed costs--Appropriate case to do so--Federal Court Rules, 1998, SOR/98-106, r. 400.