Merck Frosst v. Apotex over enalapril
Executive Summary
Ottawa federal court rules Dec. 14 that Apotex' generic version of the heart drug, Apo-enalapril, infringes Merck's product patent on the innovator drug Vasotec, Merck Frosst reports. Judge Andrew MacKay found that Merck Frosst is entitled to: a permanent injunction restraining Apotex from selling its product, an order for delivery up or destruction of Apo-enalapril products, and damages or an accounting of Apotex' profits. Apotex says the judge did not enjoin the firm and that it is appealing his infringement decision. On Dec. 15, Canada's Supreme Court upheld the Health Protection Branch's issuance of a notice of compliance to Apotex for Apo-enalapril. Merck had challenged the notice of compliance