Case # 35886
Sanofi-Aventis, et al. v. Apotex Inc., et al. (April 20, 2015)
At issue in this appeal: intellectual property and patent protection. The appellants are the patentees and have the rights for the drug Ramipril, used in the treatment of hypertension. The original ‘087 patent issued in 1985 and was set to expire in 2002. The appellants obtained a further series of patents for different indications for Ramipril and listed them on the patent register. Between 2003 and 2008, these “new” Ramipril patents were challenged by apotex inc. and other generic manufacturers. The appellants applied for prohibition orders in each case, triggering the 24-month statutory stay. The statutory stay kept the generic competitors off
the Ramipril market during that period of time. Apotex received permission to market Apo-Ramipril in December 2006. the appellants commenced separate unsuccessful infringement actions against both Apotex and
the other generic manufacturers. Apotex then brought an action to seek damages for its net lost profits during the period of the statutory stay.