Ratiopharm Inc. v. Canada (Health), 2007 FCA 83 (2007)

Date: 20070223

Docket: A-76-06

Citation: 2007 FCA 83

CORAM: NOËL J.A.

NADON J.A.

MALONE J.A.

BETWEEN:

RATIOPHARM, A DIVISION OF RATIOPHARM INC.

Appellant

and

THE MINISTER OF HEALTH, ABBOTT LABORATORIES and ABBOTT LABORATORIES LIMITED

Respondents

Heard at Ottawa, Ontario , on February 13, 2007.

Judgment delivered at Ottawa, Ontario , on February 23, 2007.

REASONS FOR JUDGMENT BY: NOËL J.A.

CONCURRED IN BY: NADON J.A.

MALONE J.A.

Date: 20070223

Docket: A-76-06

Citation: 2007 FCA 83

CORAM: NOËL J.A.

NADON J.A.

MALONE J.A.

BETWEEN:

RATIOPHARM, A DIVISION OF RATIOPHARM INC.

Appellant

and

THE MINISTER OF HEALTH, ABBOTT LABORATORIES and ABBOTT LABORATORIES LIMITED

Respondents

REASONS FOR JUDGMENT

NOËL J.A.

[1] This is an appeal from the judgment of Campbell J. of the Federal Court (2006 FC 69) granting Abbott Laboratories and Abbott Laboratories Limited’s (collectively, “Abbott” or “the respondents”) application under the Patented Medicines (Notice of Compliance) Regulations , SOR/93-133 (“PMNOC Regulations”) for an order prohibiting the Minister of Health (“the Minister”) from issuing a Notice of Compliance (“NOC”) to Ratiopharm (or “the appellant”) u...

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