PATENTS
Abuse of process—Applications for orders prohibiting Minister from granting notice of compliance to Laboratoire Riva Inc. (Riva) for its version of ramipril—Riva alleging Sanofi-Aventis Inc.’s (Sanofi) 1341206 patent invalid—Sanofi contesting allegation of invalidity— Sanofi-Aventis Canada Inc. v. Novopharm Ltd., 2007 FCA 163 binding herein: abuse of process for patent holder to relitigate allegation of invalidity against generic if allegation held to be well founded in earlier proceeding against different generic—But for that decision, prohibition orders would have been granted—As leave to appeal decision to S.C.C. pending, reasoning on various issues, including abuse of process, set out at length.
Sanofi-Aventis Inc. v. Laboratoire Riva Inc. (T-1384-04, T-1888-04, 2007 FC 532, Harrington J., amended reasons for orders dated 28/5/07, 39 pp.)