A Manitoba, Canada, Court of Appeal judge has ruled that a C$5 million ($3.7 million) judgement awarded to Canadian generic drug company Apotex in September in relation to fellow Canadian company Novopharm and the anticholesterol agent lovastatin (Marketletter September 18, 1995) be set aside and the trial reopened.
Novopharm was ordered to pay damages after the firm was found guilty of stealing secrets from Apotex in relation to the drug. Apotex tried to preserve the decision made in September by arguing that company officials did not realize the Y-5 formula used in production of lovastatin was being disclosed in the patent application filed in August 1993, according to local press reports. A date for the retrial has not been set.
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