An Obvious ‘Comity of Errors’: Canadian Federal Court of Appeal Admonishes Motives of Applications Judge, While Agreeing with the Result
Journal of Intellectual Property Law & Practice, Forthcoming
7 Pages Posted: 23 Dec 2012
Date Written: December 19, 2012
Abstract
On November 23rd 2012, in Apotex Inc. v Allergan Inc., 2012 FCA 308, the Federal Court of Appeal upheld a prohibition order sought by Allergan preventing the Minister of Health from issuing a Notice of Compliance to Apotex but admonished the Applications Judge for granting the prohibition order simply to “further his desire to clarify the jurisprudence” (ibid. at para 6).
Keywords: NOC, PMNOC, generic, innovator, pharma, drugs, judges, reasoning, precedent, comity, Apotex, Federal Court, Appeal, Canada
Suggested Citation: Suggested Citation
Crowne, Emir and Ghomashchi, Niousha, An Obvious ‘Comity of Errors’: Canadian Federal Court of Appeal Admonishes Motives of Applications Judge, While Agreeing with the Result (December 19, 2012). Journal of Intellectual Property Law & Practice, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2193370
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