Matrimonial Claim Brought Under Guise of Estate Claim The Estate of Lois Jean Davey v.

Plaintiff pharmaceutical company had received four patents for antibiotic cefaclor in 1980's, which were set to expire between October 1999 and July 2000 — In 1996, defendant pharmaceutical company was advised that it would face infringement action by plaintiff if it entered market with generic version of cefaclor — After defendant filed its first notice of compliance for antibiotic in 1997, it began selling its various capsules of cefaclor on Canadian market — In 1998, defendant entered into new contract with company to have cefaclor be made through new process thereby designing around plaintiff's patent by creating cefaclor 2 — Plaintiff brought successful action against defendant alleging that defendant infringed its patents for manufacture of antibiotic cefaclor