APOTEX INC. v MERCK CANADA INC. and MERCK FROSST CANADA & CO., 2012 FC 1235 (Alendronate*)
Justice Hughes - 2012-10-24
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This is a continuation of an action commenced by the Plaintiff Apotex in 2005 for compensation for any loss suffered by it as against the Defendants, collectively Merck, under the provisions of section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, as amended (NOC Regulations). The purpose of this present part of that action is to seek to quantify that loss. For the reasons that follow I have made findings as to the matters in controversy and ask that the accounting experts for each of the parties, on the basis of these findings, and including the matters agreed upon, collaborate to produce a final calculation as to the amount of compensation. I have asked for submissions as to costs. Following receipt of the foregoing, final Judgment will be issued.
Decision relates to:
- T-1144-05 - APOTEX INC. v. MERCK & CO. INC. ET AL.
- A-495-12 - which is an appeal from this decision
- T-1144-05 - APOTEX INC. v. MERCK & CO. INC. ET AL.
- A-496-12 - which is an appeal from this decision