Bristol-Myers Squibb & Gilead Sciences LLC v. Canada (Health)

Bristol-Myers Squibb & Gilead Sciences LLC v. Canada (Health)
Court (s) Database
Federal Court Decisions
Date
2013-12-20
Neutral citation
2013 FC 1271
File numbers
T-280-12
Decision Content
Date: 20131220
Docket: T-280-12
Citation: 2013 FC 1271
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.
"R.L. Barnes"
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
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
FOR THE APPLICANTS
Jonathan Stainsby
William P. Mayo
Lesley Caswell
Andrew McIntyre
FOR THE RESPONDENT
TEVA CANADA LIMITED
SOLICITORS OF RECORD:
Norton Rose Fulbright Canada LLP
Toronto, ON
FOR THE APPLICANTS
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