Apotex Inc. v. Janssen Pharmaceutica, docket T-2855-96

Date: 19980220

Docket: T-2855-96

BETWEEN:

     APOTEX INC.,

     Plaintiff,

     - and -

     JANSSEN PHARMACEUTICA

     naamloze vennootschap,

     JANSSEN PHARMACEUTICA INC.

     and THE MINISTER OF HEALTH,

     Defendants.

     REASONS FOR ORDER

MULDOON, J.

[1]      This is a motion by the defendants for summary judgment to dismiss the plaintiff's action. The action is for declarations to the effect that certain of the plaintiff's activities do not and will not infringe Janssen's Canadian Letters Patent No. 1,085,852.

[2]      The matter was heard in Toronto on July 24, 1997, but the estimated time of one day was not enough and written submissions were invited by the Court.

[3]      In the meanwhile, precisely on September 16, 1997, the Janssen patent, the sine qua non of the plaintiff's action, expired.

[4]      The action is moot, and the defendants' motion is moot, also. Neither will be adjudicated. Both are dismissed without costs for or against any party.

Judge

Ottawa, Ontario

February 20, 1998