Upjohn Co. v. Novopharm Ltd.
A-272-91
MacGuigan J.A.
19/10/92
2 pp.
Appeal from decision relating to royalty award regarding drug "Triazolam" -- Decision based on evidence and within discretionary powers under Patent Act, s. 39(5) to fix amount of royalty at lowest possible price consistent with "maintenance of research incentive and the importance of both process and substance" -- Misleading statement as to respondent's obligation to pay royalties on four years of past sales, whereas only for two years since began marketing drug, not vitiating decision royalty to commence from date of decision -- Patent Act, R.S.C., 1985, c. P-4, s. 39(5).
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