PATENTS
Infringement
Appeal from Federal Court (F.C.) decision (2005 FC 1093) dismissing application for order prohibiting Minister of Health from issuing notice of compliance to respondent ratiopharm for its version of clarithromycin—F.C. correct to dismiss application, but did so for wrong reasons—Application should not have been dismissed on basis ratiopharm’s allegation of non‑infringement justified but on basis ratiopharm’s allegation of invalidity due to anticipation justified—Appeal dismissed.
Abbott Laboratories v. Canada (Minister of Health) (A‑384‑05, 2006 FCA 187, Sharlow J.A., judgment dated 18/5/06, 15 pp.)
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