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

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

Emir Crowne (Contact Author)

New City Chambers

13 Fitzgerald Lane
Port-Of-Spain
Trinidad and Tobago

HOME PAGE: http://newcitychambers.com/

Niousha Ghomashchi

Independent ( email )

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