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PATENTS

Motion for order prohibiting Minister of Health from issuing notice of compliance until after expiry of Canadian Patents 1341330 and 1331615—Apotex issuing notices of allegation (NOA) alleging manufacture, marketing of its drug product Apo‑Quinapril not infringing ′615 patent, ′330 patent invalid—Construction of claims three, five of ′330 patent— Guiding principles—Invalidity of ′330 patent: utility, anticipation, obviousness, breadth of claims in relation to invention, disclosure, double patenting considered—As to ′615 patent, adequacy of NOA, non‑infringement considered Application dismissed.

Pfizer Canada Inc. v. Canada (Minister of Health) (T‑1633‑03, 2005 FC 1205, Heneghan J., order dated 28/9/05, 66 pp.)

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