Vigamox Decision Affirmed on the Facts

Actavis Pharma Compagny v Alcon Canada Inc / moxifloxacin (NOC) 2015 FCA 192 Boivin JA: Dawson, Webb JJA aff’g 2014 FC 462 Phelan J

1,340,114 / moxifloxacin / VIGAMOX

Alcon Canada Inc. v. Actavis Pharma Company / moxifloxacin (NOC) 2015 FCA 191 Boivin JA: Dawson, Webb JJA aff’g 2014 FC 462 Phelan J
            2,342,211 / moxifloxacin / VIGAMOX

These companion cases concern separate appeals, involving different patents, from a single decision by Phelan J. In both cases the FCA affirmed, essentially on the basis that the appellants were really attempting to re-argue the case on the facts and asking the FCA to re-weigh the evidence, which is not the role of a Court of Appeal.

Phelan J’s decision respecting the 211 patent is blogged here, and his decision on the 114 patent is blogged here and here.