Apotex Inc. v. AB Hassle, 2003 FCA 409
2003-11-03
Read full decision. Automatically generated summary:
This is an appeal from a decision of the Trial Division (as it then was) rendered under the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, as amended. The motions judge granted the Application for Prohibition of AB Hassle, AstraZeneca AB and AstraZeneca Canada Inc. (Astra), prohibiting the Minister of Health from issuing a Notice of Compliance for Apotex's product, Apo-Omeprazole tablets. Apotex raises two issues on this appeal:1) whether the motions judge erred by failing to construe the relevant patents and whether the relevant patents, properly construed, claim a formulation in which the inert subcoating consists of material comprised of reacted portions of the core and the enteric coating resulting from direct contact between the core and enteric coating; and 2) whether the motions judge erred by finding that Apotex's Notice of Allegation was deficient and non-compliant with the Regulations.