Bayer Inc. v. Apotex Inc., 2014 FC 403 Drug: drospirenone + ethinylestradiol

Bayer had commenced multiple applications for prohibition against at least two generic companies in respect of its birth control tablets sold under the brand name YAZ®. On October 22, 2013, the first of those applications to be heard, against Cobalt, was dismissed. It is currently under appeal (A-385-13), but it might not be heard prior to the expiry of the patent at issue on December 22, 2014.

Prior to the hearing in the present application against Apotex, the Court advised the parties that it was unlikely to come to a different conclusion in respect of Apotex’s allegations. As a result, the parties did not make any submissions and the proceeding was dismissed for the same reasons as the Cobalt proceeding.

The Court took issue with the applicant for not dismissing the proceeding earlier, and therefore Apotex was awarded a 25% premium on costs for the time period following the release of the reasons in the Cobalt decision.