WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
B. H. Hocking
Case No. D2006-0251
1. The Parties
The Complainant is Bausch HealthCare, PLC (the “Reg”), New York, NY, United States of America, represented by Baker & Daniels, United States of America.
The Respondent is Apotex Pharmaceuticals, Inc., PLC (the “Resp”), New York, NY, United States of America, represented by Baker & Daniels, United States of America.
The is an Internet-based platform which connects the Respondent to the United States of America through the Internet.
The disputed product is Voltaren (“Volt”) tablets, USP, USP 2.4 g.
The Complainant is Apotex Pharmaceuticals, Inc., PLC, (“APT”) of New York, NY, United States of America, represented by Baker & Daniels, United States of America.
The Respondent is Apotex Pharmaceuticals, Inc., PLC, (“APT”) of New York, NY, United States of America, represented by Baker & Daniels, United States of America.
The dispute relates to the pricing of Volt and related products, and is related to the Respondent’s proposed marketing of the Volt product.
FDA-Covered Products
The Complainant is Apotex Pharmaceuticals, Inc., PLC (“APT”).
The Respondent is Apotex Pharmaceuticals, Inc., PLC (“APT”), of New York, NY, United States of America.
Volt
DICLOFENYL
The Complainant is Diclofenac, USP, USP 2.4 g.
The Respondent is Diclofenac, USP, USP 2.4 g, sold under the trade name Voltaren.
INDICATION
The Complainant is an active pharmaceutical ingredient (API) in the USP product Voltaren. The Complainant and the Respondent are both licensed pharmacies and pharmacies that sell Voltaren in the United States and Canada.
Fraudulent Advantage
The Complainant alleges that the Respondent, Apotex Pharmaceuticals, Inc., failed to obtain from the USP and/or its pharmacist a valid prescription for Voltaren tablets. The Complainant’s alleged fraudulent intent is evidenced by the Complainant’s representations that Voltaren tablets are identical to and are safe and effective for use in the United States and Canada.
The Complainant contends that the Respondent’s representations that the Complainant provides a “consultation service” for Voltaren, including through a telemedicine provider, were false. The Complainant contends that the Respondent’s false representations, made in the United States and Canada, are false, and that the Respondent’s false representations, made in Canada, were the basis for the Complainant’s fraudulent intent. The Complainant contends that the Respondent’s false representations, made in the United States and Canada, are fraudulent in that the Respondent provided a “consulting service” for Voltaren through a telemedicine provider and that the Respondent provided the same services to the Complainant on the same terms as the Respondent. The Complainant contends that the Respondent’s false representations, made in the United States and Canada, are fraudulent in that the Respondent’s services are not covered by the Complainant’s insurance plan and that the Respondent is not an individual, but rather an entity that sells the same or similar pharmaceutical products as the Complainant.
Voltaren is a popular nonsteroidal anti-inflammatory drug (NSAID) used to relieve pain, swelling, and tenderness in conditions such as osteoarthritis, rheumatoid arthritis, acute pain, and muscle spasms. It works by inhibiting cyclooxygenase (COX) enzymes, which are responsible for producing new substances in the body called prostaglandins. This process helps to relieve the symptoms of pain and inflammation, such as pain, burning, itching, irritation, swelling, and stiffness. Voltaren is available in a cost-effective and convenient availability in most pharmacies, making it a trusted choice for many individuals seeking effective pain relief. When looking to buy Voltaren online, it's essential to ensure that you are buying from a trustworthy pharmacy that carries the medication safely and provides the best service. Additionally, it's important to ensure that you are purchasing from a reputable and licensed online pharmacy to avoid any potential risks or complications.
To ensure the effectiveness and safety of the medication, follow these simple steps to:
| Medication | Instructions |
|---|---|
| Voltaren Gel | Apply the medication as directed by your doctor. |
| Voltaren Injections | Spread the medication evenly on the affected area. |
| Voltaren Osteoarthritis Drugs | |
| Voltaren Pain Relievers | |
Many people have reported positive experiences with the use of Voltaren gel. One person said, "I have used this gel twice, and it has helped so much." Another reported, "I have used it more often than I would like." Both reviews highlight the reliability and efficacy of Voltaren. It is available in various forms, including:
For those looking for a non-invasive option, Voltaren Osteoarthritis Drugs offers a convenient, non-invasive form of delivery that allows for quicker relief from pain and inflammation. The gel form of Voltaren Osteoarthritis Drugs allows for once-daily dosing, making it convenient for those who have a chronic condition or need multiple dosages of the medication. However, it is important to follow the instructions provided by your doctor or pharmacist carefully when using the gel form of Voltaren Osteoarthritis Drugs to ensure safety and effectiveness.
Voltaren
Regular price$9.99 CAD
Sale price
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RefreshDescription:Voltaren Emulgel Extra Strength Gel is formulated to provide relief for acute, localized, minor muscle or joint injuries and contains diclofenac diethylamine, which is a non-steroidal anti-inflammatory drug. This gel has a mild scent that disappears as the gel penetrates the skin and can be applied every 12 hours.
Indications:For relief of aches and pain associated with acute, localized minor muscle or joint injuries such as sprains, strains, or sports injuries (e.g. ankle sprain, shoulder strain, back muscle pain, etc.)
Dosage for Adults Aged 18 to 65 Years:
Medicinal Ingredients (per gram):
Non-medicinal Ingredients:
Warning:
This product is also available in:
Product DIN: 02393190. Please read labels and package inserts for all product details. Always read and follow labels and package inserts before use. Results may vary.
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Please note: Due to provincial pharmacy regulations, this product cannot be shipped to customers in Quebec.
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Voltaren is a non-steroidal anti-inflammatory drug (NSAID) used to relieve pain, reduce inflammation and swelling in joints and muscles. Voltaren can be applied directly to the skin to relieve conditions such as arthritis, sprains, or non- sprains of ankle, knee and shoulder. It is also used to reduce swelling in muscles of shoulder and ankle.
Voltaren is also used to reduce pain and inflammation associated with:
Voltaren can be applied directly to the skin to relieve conditions such as:
Do not use Voltaren if:
If you are using the product for pain, swelling or other similar problems, please see your doctor as soon as possible. Pain can be painful and lasts for 4 hours. Do not use Voltaren if you are using it for longer than 4 hours. Pain can be temporary and may lessen as your body adjusts to the medication. If you have arthritis, you should use Voltaren only for the initial few hours after an operation or dental procedure.
Voltaren is a non-steroidal anti-inflammatory drug (NSAID). Each tablet contains diclofenac sodium, a non-steroidal anti-inflammatory medicine. Voltaren contains sodium diclofenac, which is a non-steroidal anti-inflammatory medicine. Each tablet contains sodium hydroxide, a non-steroidal anti-inflammatory medicine. Voltaren contains glyceryl trinitrate, which is a non-steroidal anti-inflammatory medicine. Voltaren contains sodium bicarbonate, which is a non-steroidal anti-inflammatory medicine. Voltaren contains sucrose, which is a non-steroidal anti-inflammatory medicine. Each tablet contains sucrose, a non-steroidal anti-inflammatory medicine, lactose, sodium stearic acid, maize starch, carnauba wax, croscarmellose sodium, titanium dioxide, yellow ferric oxide, and iron oxide red.
Use Voltaren for the relief of pain, swelling, tenderness and stiffness in joints and muscles. Do not use Voltaren for more than 2 weeks. Talk to your doctor about using Voltaren for longer if you are pregnant or breastfeeding. If you are using it for more than 4 hours, please see your doctor as soon as possible. Do not use Voltaren for longer than 4 hours.
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