PATENTS
Appeal from order (2005 FC 1183) prohibiting Minister of Health from issuing notice of compliance to Mayne Pharma (Canada) Inc. in respect of drug cefotaxime sodium until after expiry of Canadian patent No. 1319682—That patent subsequently de-listed—Prohibition remedy only available in context of Patented Medicines (Notice of Compliance) Regulations, SOR/93-133—Allowing prohibition order to stand would give respondent benefit of remedy not available outside context of Regulations where no basis existing under those Regulations for remedy—Appeal allowed.
Aventis Pharma Inc. v. Mayne Pharma (Canada) Inc. (A-456-05, 2008 FCA 21, Pelletier J.A., judgment dated 15/1/08, 2 pp.)
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