AB Hassle v. Canada (Minister of National Health and Welfare), 2002 FCA 421 (2002)
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AB Hassle v. Canada (Minister of National Health and Welfare), 2002 FCA 421 (2002)
Date: 20021101
Docket: A-716-01Neutral citation: 2002 FCA 421CORAM: LINDEN J.A.SEXTON J.A.EVANS J.A.BETWEEN:AB HASSLE and ASTRAZENECA CANADA INC.Appellants(Applicants)andTHE MINISTER OF NATIONAL HEALTH AND WELFAREand APOTEX INC.Respondents(Respondents)Heard at Ottawa, Ontario, on September 17, 2002.Judgment delivered at Ottawa, Ontario, on November, 1, 2002.REASONS FOR JUDGMENT BY: SEXTON J.A.CONCURRED IN BY: LINDEN J.A.EVANS J.A.Date: 20021101Docket: A-716-01Neutral citation: 2002 FCA 421CORAM: LINDEN J.A.SEXTON J.A.EVANS J.A.BETWEEN:AB HASSLE and ASTRAZENECA CANADA INC.Appellants(Applicants)andTHE MINISTER OF NATIONAL HEALTH AND WELFAREand APOTEX INC.Respondents(Respondents)REASONS FOR JUDGMENTSEXTON J.A.[1] This is an appeal from the order of O'Keefe J. dismissing the Appellants' application for an Order prohibiting the Minister of National Health and Welfare from issuing a Notice of Compliance to Apotex Inc. with respect to omeprazole capsules for oral administration until after the expiration of Canadian Patent 2,025,668.Facts[2] The Appellant, AB Hassle ("Hassle"), is the owner of Canadian Patent No. 2,025,668 ("'668"), entitled "Use of Omeprazole as an Anti-Microbial agent".[3] The Appellant, AstraZeneca Canada Inc., formerly Astra Pharma Inc., ("Astra") is a Canadian company involved in the manufacture, marketing and sale of a variety of pharmaceutical products. Astra is also a licensee under the '668 patent. Hassle and Astra are related companies, and, together, they will be referred to as "the Appellants".[4] The Respondent, Apotex Inc. ("Apotex"), is a Canadian generic pharmaceutical manufacturer seeking the issuance of a Notice of Compliance ("NOC") from the Minister of National Health and Welfare (the "Minister") for the manufactur...See the full content of this document
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