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Apotex also should have persisted with other litigation, even if it offered no hope of emergency or expedited relief
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Other expenditures in U.S.A. don’t amount to an investment
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Hefty expenditures on generic drug applications – and applications themselves – are not protected investments
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Limitation Period cannot be tolled by continuing acts
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All production and manufacturing take place in Canada, U.S. activity is export-based
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Apotex ought to have appealed to Supreme Court regardless of likelihood of success
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Lack of judicial finality would have derailed some claims
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Canadian firm claimed it was stymied in bringing generics to market
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