PATENTS
Appeal from Federal Court decision (2005 FC 1461) dismissing application for order prohibiting Minister of Health from issuing notice of compliance (NOC) to respondent Apotex in respect of ramipril oral capsules until expiry of Canadian patent No. 2023089—Whether Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 5(1)(b)(iv) barring Minister from issuing NOC to second person in circumstances where it is conceded mere sale of its drug product for approved use will lead to infringement of patented use when patients consume drug for patented use—Aventis Pharma Inc. v. Pharmascience Inc., [2007] 2 F.C.R. 103 (C.A.) providing complete answer to that issue—Not possible to reverse that judgment as it was not manifestly wrong—Appeal dismissed.
Aventis Pharma Inc. v. Apotex Inc. (A-575-05, 2006 FCA 357, Nadon J.A., judgment dated 2/11/06, 7 pp.)