Date: 20131220
Docket: T-1708-12
Citation: 2013 FC 1272
Ottawa, Ontario, December 20, 2013
PRESENT: The Honourable Mr. Justice Barnes
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BETWEEN:
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GILEAD SCIENCES, INC. AND GILEAD SCIENCES CANADA, INC.
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Applicants
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and
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THE MINISTER OF HEALTH AND TEVA CANADA LIMITED
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Respondents
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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.
"R.L. Barnes"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1708-12
STYLE OF CAUSE: GILEAD SCIENCES, INC. AND GILEAD SCIENCES CANADA, INC.
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THE MINISTER OF HEALTH AND TEVA CANADA LIMITED
PLACE OF HEARING: Toronto, ON
DATE OF HEARING: September 9 to 16, 2013
REASONS FOR JUDGMENT: BARNES J.
DATED: December 20, 2013
APPEARANCES:
Patrick E. Kierans Louisa Pontrelli Brian Daley Nisha Anand Brian John Capogrosso
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FOR THE APPLICANTS
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Jonathan Stainsby William P. Mayo Lesley Caswell Andrew McIntyre
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FOR THE RESPONDENT TEVA CANADA LIMITED
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SOLICITORS OF RECORD:
Norton Rose Fulbright Canada LLP Toronto, ON
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FOR THE APPLICANTS |
Heenan Blaikie LLP Toronto, ON
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FOR THE RESPONDENT TEVA CANADA LIMITED
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William F. Pentney Deputy Attorney General of Canada Montreal, QC
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FOR THE RESPONDENT THE MINISTER OF HEALTH |