Attention: Business Editors
For Immediate Release
January 19, 2000
Lovastatin Injunction Against Novopharm
Extended For Another Year
WINNIPEG, MANITOBA, CANADA The Manitoba Court of Queens Bench extends
injunction against Novopharm prohibiting any work on the drugs Lovastatin, Simvastatin,
Pravastatin and Compactin to January 18, 2001. In a decision released yesterday, the
Honourable Mr. Justice Michel Monnin granted Apotex an extension to an injunction he had
granted earlier after a lengthy trial.
Novopharm and its officers had already been found in contempt of court
in a decision of the Manitoba Court of Appeal released June 24, 1998.
In granting the extension sought by Apotex and rejecting the
defenses advanced by Novopharm, Mr. Justice Monnin stated:
"Having had a fairly intimate knowledge of this piece of
litigation, I have difficulty accepting the argument that Apotex has failed to demonstrate
due diligence in uncovering the facts on which it justifies its application. Quite to the
contrary, Apotex has throughout the course of this litigation used every means at its
disposal to ascertain the facts and then to act on those facts when they became known.
This was done in the face of a litigant that blatantly breached court orders going as far
back as the initial Anton Piller order. Furthermore, following the contempt finding and
its confirmation by the Court of Appeal, when one might have presumed that Novopharm would
finally readily comply with court orders, Apotex had to, figuratively, pull teeth during
the delivery-up to get at Novopharm documents and materials that the courts had decreed
were rightfully theirs."
Mr. Justice Monnin went on to say:
"Novopharm by its past actions has exhausted all of its
credibility and goodwill. I am not prepared to give it the benefit of any doubt."
Mr. Jack Kay, Apotex President and C.O.O. stated:
"Our dispute with Novopharm dates back to 1991 when it
misappropriated our Lovastatin technology. With the release of the decision yesterday
Novopharm, continues to suffer the consequences of its repeated failure to comply with
Court Orders."
In a companion decision released yesterday, Mr. Justice Monnin
dismissed a motion by Novopharm relating to the applicability of the injunction to Teva
Pharmaceutical Industries Ltd. Novopharm had sought clarification whether the terms of the
injunction granted against it were broad enough to capture Teva and subsidiaries -
should Teva proceed with its planned acquisition of Novopharm. In dismissing
Novopharms motion, Mr. Justice Monnin said:
"
I am not satisfied that I have before me sufficient details
and understanding of the agreement that Teva and Novopharm are planning on concluding to
venture expressing an opinion and a decision on the question put to me. In practical
effect, what Novopharm is seeking is akin to an advance ruling such as is often granted by
Revenue Canada. That is not a manner in which courts consider matters."
-30-
For additional information, please contact:
Jack Kay, President & COO
Apotex Inc.
Tel: 416-749-9300
E-mail: jkay@apotex.ca
Copies of the full court decision are available.