Court Upholds Principle Of Compensation For Patent Holders' Use Of Invalid Patents

摘要

Ottawa- The Federal Court of Canada on October 21 issued a precedent-setting ruling confirming that generic pharmaceutical manufacturers are entitled to compensation when brand-name manufacturers sell products based on improperly obtained patents. (Apotex Inc. v. Merck Frosst Canada Ltd., Fed. Ct, File #T-1144-05)rnJustice Roger Hughes ruled that generic firm Apotex Inc. is entitled to compensation under the Patented Medicines (Notice of Compliance) Regulations for Merck Frosst Canada's sale of osteoporosis drug alendr-onate under a patent that an earlier Federal Court ruling found to be invalid.