[2012] 2 F.C.R. D-13
PATENTS
Appeal from Federal Court decision (2010 FC 1264) dismissing appellant’s statement of claim to obtain compensation from respondents under Patented Medicines (Notice of Compliance) Regulations, SOR/93‑133, s. 8 owing to loss sustained following statutory stay applied for by respondent under s. 6(1)—Appeal raising three issues—Issues (1) whether claim for compensation governed by 1993 version of s. 8 or its 1998 version (1998 Regulations); (2) whether appellant establishing entitlement to compensation under applicable version of s. 8(1); (3) whether Court of Appeal having to determine basis for calculating compensation, and available defences, or whether appellant having to refer matter back to Federal Court—Respondents’ application for prohibition “pending” on date 1998 Regulations coming into force, and 1998 Regulations therefore applying—Respondents liable for loss sustained because of Minister’s delay in issuing Notice of Compliance to appellant—Not role of Court of Appeal to decide on amount of compensation, matter referred back to Federal Court—Appeal allowed.
Apotex Inc. v. Merck & Co., Inc. (A‑10‑11, 2011 FCA 364, Evans J.A., judgment dated December 19, 2011, 14 pp.)