2013 FC, 2013 FC 1271

Date: 20131220 Docket: T-280-12 Citation: 2013 FC 1271 Ottawa , Ontario , December 20, 2013 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: BRISTOL-MYERS SQUIBB & GILEAD SCIENCES LLC AND GILEAD SCIENCES, INC. Applicants and THE MINISTER OF HEALTH AND TEVA CANADA LIMITED Respondents REASONS FOR JUDGMENT AND JUDGMENT [ 1 ] For the Reasons given in Federal Court file T-8-12, citation 2013 FC 1270 this application is similarly decided. JUDGMENT THIS COURT’S JUDGMENT is that :

a) The application is allowed in part;

b) The Minister is prohibited from issuing a Notice of Compliance to Teva in respect of its tenofovir disoproxil fumarate product until the expiry of Canadian Letters Patent 2, 261,619; and

c) The issue of costs is reserved pending further written submissions from the parties. "R.L. Barnes"

Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-280-12 STYLE OF CAUSE: BRISTOL-MYERS SQUIBB & GILEAD SCIENCES LLC ET AL v THE MINISTER OF HEALTH ET AL PLACE OF HEARING: Toronto, ON DATE OF HEARING: September 9 to 16, 2013 REASONS FOR JUDGMENT: BARNES J. DATED: December 20, 2013 APPEARANCES : Patrick E. Kierans Louisa Pontrelli Brian Daley Nisha Anand Brian John Capogrosso FOR THE APPLICANTS Jonathan Stainsby William P. Mayo Lesley Caswell Andrew McIntyre FOR THE RESPONDENT TEVA CANADA LIMITED SOLICITORS OF RECORD :

Norton Rose Fulbright Canada LLP Toronto , ON FOR THE APPLICANTS Heenan Blaikie LLP Toronto , ON FOR THE RESPONDENT TEVA CANADA LIMITED William F. Pentney Deputy Attorney General of Canada Montreal , QC FOR THE RESPONDENT THE MINISTER OF HEALTH