Novopharm Ltd. v. Monsanto Canada Inc.
A-297-96
MacGuigan J.A.
23/5/96
2 pp.
Appeal from order for interim injunction against appellant generic manufacturer respecting manufacturing, promotion and sale of drug for hypertension "Isoptin SR" until motion for interlocutory injunction could be heard-Evidence on date appellant granted notice of compliance, plaintiff authorized another generic pharmaceutical company to market generic version of "Isoptin SR" with same trade dress, that first generic drug onto market will usually capture 60% of generic sales, and impossible for appellant ever to recoup this market share-Evidence apparently not considered by Motions Judge-Interim injunction dissolved.
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