PATENTS
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Motion for interlocutory injunction restraining defendant from manufacturing, constructing, importing, exporting, selling, offering for sale or using defendant's ciprofloxacin intravenous formulation, or any other intravenous formulation of ciprofloxacin, on basis activities allegedly infringe Canadian Patent No. 1282006—Patent expiring on March 26, 2008—Test for whether entitled to interlocutory injunction established by S.C.C. in RJR—MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311—Defendant conceding serious issue to be tried—Evidence of irreparable harm must be clear, not speculative—Any permanent loss of market share on part of Bayer that may result from defendant's early entry into market not amounting to irreparable harm—Loss of time‑limited monopoly readily compensable through award of damages—Motion dismissed.
Bayer Healthcare AG v. Sandoz Canada Inc. (T‑762‑06, 2007 FC 352, Mactavish J., judgment dated 26/4/07, 24 pp.)