Zeneca Pharma Inc. v. Canada ( Minister of National Health and Welfare )
T-1968-93
Richard J.
1/3/96
7 pp.
Motion by respondent Apotex Inc. under RR. 337(5)(b), 1733 for order varying terms of previous order dated May 26, 1995-Previous order allowing application for order prohibiting Minister of National Health and Welfare from issuing Notice of Compliance to Apotex Inc. in respect of medicine lisinopril, until after expiration of Canadian Letters Patent 1,275,350 and 1,288,351-Final judgment of Court can only be reconsidered or corrected under R. 337(5), (6) or set aside under R. 1733-Neither R. 337(5)(b) nor R. 1733 apply herein-No modification of order necessary-R. 337(5) contemplating oversight on part of Court, not party-Inappropriate for judge to deal with application under R. 1733 in respect of own judgment where appeal from judgment pending-1,288,351 patent on patent list, not lapsed when application for prohibition commenced-Lapsed in March 1995, therefore expired-Minister no longer prohibited in respect of '351 patent-Previous order clear, need not be varied-Apotex not prejudiced by present form of order-Motion dismissed-Federal Court Rules, C.R.C., c. 663, RR. 337(5), 1733.