Ottawa, Ontario, December 20, 2013
PRESENT: The Honourable Mr. Justice Barnes
|
|
|
BETWEEN:
|
BRISTOL-MYERS SQUIBB & GILEAD SCIENCES LLC AND GILEAD SCIENCES, INC.
|
|
|
Applicants
|
|
and
|
|
|
THE MINISTER OF HEALTH AND TEVA CANADA LIMITED
|
|
|
|
Respondents
|
REASONS FOR JUDGMENT AND JUDGMENT
[1] For the Reasons given in Federal Court file T-8-12, citation 2013 FC 1270 this application is similarly decided.
JUDGMENT
THIS COURT’S JUDGMENT is that:
a) The application is allowed in part;
b) The Minister is prohibited from issuing a Notice of Compliance to Teva in respect of its tenofovir disoproxil fumarate product until the expiry of Canadian Letters Patent 2, 261,619; and
c) The issue of costs is reserved pending further written submissions from the parties.
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-280-12
STYLE OF CAUSE: BRISTOL-MYERS SQUIBB & GILEAD SCIENCES LLC ET AL v THE MINISTER OF HEALTH ET AL
DATE OF HEARING: September 9 to 16, 2013
REASONS FOR JUDGMENT: BARNES J.
APPEARANCES:
Louisa Pontrelli Brian Daley Nisha Anand Brian John Capogrosso
|
|
Jonathan Stainsby William P. Mayo Lesley Caswell Andrew McIntyre
|
FOR THE RESPONDENT TEVA CANADA LIMITED
|
SOLICITORS OF RECORD:
Norton Rose Fulbright Canada LLP
|
Heenan Blaikie LLP Toronto, ON
|
FOR THE RESPONDENT TEVA CANADA LIMITED
|
William F. Pentney Deputy Attorney General of Canada Montreal, QC
|
FOR THE RESPONDENT THE MINISTER OF HEALTH |