Docket: A-345-03
Citation: 2004 FCA 369
CORAM: RICHARD C.J.
ROTHSTEIN J.A.
BETWEEN:
APOTEX INC.
Appellant
(Respondent)
and
AB HASSLE and
ASTRAZENECA CANADA INC.
Respondents
(Applicants)
and
THE MINISTER OF HEALTH
Respondent
Heard at Toronto, Ontario, on November 1, 2004.
Judgment delivered from the Bench at Toronto, Ontario on November 1, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20041101
Docket: A-345-03
Citation: 2004 FCA 369
ROTHSTEIN J.A.
NOËL J.A.
BETWEEN:
APOTEX INC.
Appellant
(Respondent)
and
AB HASSLE and
ASTRAZENECA CANADA INC.
Respondents
(Applicants)
and
THE MINISTER OF HEALTH
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 1, 2004)
RICHARD C.J.
[1] We are satisfied, having heard full argument by counsel for the appellant, that Campbell J. applied the proper legal test for anticipation and obviousness and did not make any reviewable error when he concluded on a balance of probabilities that the patent in issue was not invalid.
[2] Accordingly, the appeal will be dismissed with costs.
"J. Richard"
C.J.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-345-03
STYLE OF CAUSE: APOTEX INC.
Appellant
(Respondent)
and
AB HASSLE and ASTRAZENECA CANADA INC.
Respondents
(Applicants)
and
THE MINISTER OF HEALTH
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 1, 2004
REASONS FOR JUDGMENT
OF THE COURT: RICHARD C.J.
DELIVERED FROM THE
BENCH BY: RICHARD C.J.
APPEARANCES:
Mr. Radomski
Mr. Tuzi FOR THE APPELLANT
Mr. Gaikis
Mr. Hamilton FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Goodmans LLP
Toronto, Ontario FOR THE APPELLANT
Smart & Biggar
Toronto, Ontario FOR THE RESPONDENTS