Apotex Inc v. Merck & Co., Inc., 2012 FC 620 (Lovastatin*)
Justice Snider - 2012-05-23
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Apotex Inc. (Apotex), the Plaintiff in this action, seeks compensation from Merck & Co., Inc., Merck Frosst Canada Ltd. and Merck Frosst Canada & Co. (collectively Merck) pursuant to s. 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (PM (NOC) Regulations or Regulations). Apotex's claim relates to alleged losses incurred in the period that it was prevented from selling a generic version of the drug lovastatin because of the statutory stay imposed as a result of Merck's actions under s. 6(1) of the Regulations.
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