Blood pressure soars for Apotex, prez over patent

Violated Merck’s rights in Apo-Enalapril
|Canadian Employment Law Today

The Federal Court of Canada has held Apotex and its president, Bernard Sherman, in contempt for taking a very literal interpretation of a patent infringement injunction.

Merck & Co. had claimed that Apotex was infringing its patent in Apo-Enalapril, a drug for treating high blood pressure. On December 14, 1994, the court issued a permanent injunction restraining Apotex from selling its cheaper generic version, and it ordered Apotex to deliver its inventory to Merck or destroy it.

Sherman read the judgment and, after consulting Apotex’s lawyer, determined that the company could continue marketing Apo-Enalapril, the largest-selling prescription drug in the Canadian market, until the judgment was formally filed in the court offices.