'The Apotex Group', Link to Home Page


- Home
- Sales
- Products
- Corporate Info
- Bioequivalence
- Career Opportunities
- Healthcare Professionals
- Corporate Purchasing
- Press Releases
- Contact Us
- Apo-Triavir
- Printer-friendly Version of this page

Banner image for the PressReleases page

Attention: Business Editors
For Immediate Release
January 19, 2000

Lovastatin Injunction Against Novopharm
Extended For Another Year

WINNIPEG, MANITOBA, CANADA – The Manitoba Court of Queen’s 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 Novopharm’s 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.

Maintained by Apotex Inc., Canada
Privacy Policy | Accessibility | Site Terms | ©Apotex Inc. 2007
Last Modified: January 20, 2003 10:22:03 AM