Date: 20000124
Docket: A-492-98
CORAM: THE CHIEF JUSTICE
ROBERTSON J.A.
SEXTON J.A.
BETWEEN:
THE WELLCOME FOUNDATION LIMITED and
GLAXO WELLCOME INC.
Appellants
(Plaintiffs)
-and-
NOVOPHARM LTD.
Respondent
(Defendant)
Heard at Toronto, Ontario on Monday, January 24, 2000
Judgment delivered from the Bench at Toronto, Ontario
on Monday, January 24, 2000
REASONS FOR JUDGMENT PRONOUNCED BY: RICHARD C.J.
Date: 20000124
Docket: A-492-98
CORAM: THE CHIEF JUSTICE
ROBERTSON J.A.
SEXTON J.A.
BETWEEN:
THE WELLCOME FOUNDATION LIMITED and
GLAXO WELLCOME INC.
Appellants
(Plaintiffs)
-and-
NOVOPHARM LTD.
Respondent
(Defendant)
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Monday, January 24, 2000)
THE CHIEF JUSTICE
| _. The determination that an alleged invention is obvious is a finding of fact. The appellants have not satisfied us that the Trial Judge made some palpable and overriding error in finding that the invention claimed in the Patent was obvious and accordingly holding the patent to be invalid. |
| _. The appeal is dismissed with costs. |
"J. Richard"
Richard C.J.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-492-98 |
| STYLE OF CAUSE: THE WELLCOME FOUNDATION LIMITED |
and GLAXO WELLCOME INC.
Appellants
(Plaintiffs)
| - and - |
| NOVOPHARM LTD. |
Respondent
(Defendant)
DATE OF HEARING: MONDAY, JANUARY 24, 2000
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| PRONOUNCED BY: THE CHIEF JUSTICE |
Delivered at Toronto, Ontario on Monday, January 24, 2000
APPEARANCES: Mr. I. Goldsmith Q.C., and
Mr. J.R. Morrissey, and
Mr. Mark Biernacki
| For the Appellants |
Mr. Douglas Deeth, and
Ms. Diane Calamita
| For the Respondent |
| SOLICITORS OF RECORD: Smart & Biggar |
Barristers and Solicitors
438 University Avenue
Suite 1500
Toronto, Ontario
| M5G 2KG |
| For the Appellants |
| Deeth William Wall |
Barristers and Solicitors
150 York Street, Suite 400
Toronto, Ontario
M5H 3S5
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000124
Docket: A-492-98
BETWEEN:
THE WELLCOME FOUNDATION LIMITED
and GLAXO WELLCOME INC.
Appellants
(Plaintiffs)
| - and - |
NOVOPHARM LTD.
Respondent
(Defendant)
REASONS FOR JUDGMENT