Docket: T-1667-12
Citation: 2014 FC 794
Ottawa, Ontario, August 11, 2014
PRESENT: The Honourable Madam Justice Kane
BETWEEN:
ALCON CANADA INC. and
ALCON RESEARCH, LTD.
Applicants
and
APOTEX INC. and
THE MINISTER OF HEALTH
Respondents
JUDGMENT
UPON considering this
application, under the provisions of the Patented Medicines (Notice of
Compliance) Regulations, SOR/93-133, as amended [NOC Regulations],
to prohibit the Minister of Health from issuing a Notice of Compliance [NOC] to
Apotex in respect of its generic product (Apo-Travoprost Z, or the Apotex
product) until the expiry of Canadian Letters Patent No 2,606,370 (the ‘370) on
September 20, 2027.
AND UPON having
determined in Confidential Reasons for Judgment dated August 11, 2014, 2014 FC 791,
which will be made public with necessary redactions, that the allegations with
respect to the invalidity of the claims at issue for obviousness are justified
and the allegations with respect to invalidity for lack of utility are not
justified, and that the application should be dismissed.
THIS COURT’S JUDGMENT is that:
1.
The applicant’s application for an order
prohibiting the Minister of Health from issuing a notice of compliance to Apotex
for the Apotex product (Apo-Travoprost Z) until the expiry of Canadian Patent
‘370 on September 20, 2027 is dismissed.
2.
The respondents shall have their costs of the
application to be assessed at the middle of Column IV of Tariff B.
"Catherine M. Kane"
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