• Abuse of Process Clarified by Canadian Federal Court of Appeal
  • July 6, 2009 | Authors: Andrew E. Bernstein; Andrew M. Shaughnessy
  • Law Firm: Torys LLP - Toronto Office
  • In a recent decision, Apotex Inc. v. Janssen-Ortho Inc, the Federal Court of Appeal has limited the scope of the abuse of process doctrine in applications under the Patented Medicines (Notice of Compliance) Regulations. In particular, the Court held that even when an innovator company has been successful in a patent case against one generic manufacturer, it is not an abuse for a second generic to re-litigate the same issues. This is an important clarification in the law, and will affect the way in which innovators conduct and argue cases under the Regulations.