Intellectual Property Weekly Abstracts Alert – Week Of July 4, 2011

Edited by Chantal Saunders and Beverley Moore

ACTIONS

Appeal of Decision Denying Interlocutory Injunction Dismissed

AstraZeneca Canada Inc. v. Apotex Inc.
Drug: NEXIUM esomeprazole

This was an appeal of a decision of the Federal Court, refusing an interlocutory motion. The Federal Court decision is summarized here.

The Court of Appeal held that the decision of the Federal Court was based in large part on factual findings. The Court of Appeal found that the Federal Court did not set the bar too high for a finding of irreparable harm, and that no reviewable error was made.

OTHER CASES OF INTEREST

Appeal Dismissed for Mootness

Epicept Corporation v. Minister of Health
Drug: CEPLENE histamine dihydrochloride

The intervener, the Canadian Generic Pharmaceutical Association (CGPA), brought a motion to dismiss the appeal by Epicept on the basis of mootness. The underlying judicial review application relates to a finding that CEPLENE is not an "innovative drug" for the purposes of data protection. The Federal Court decision is summarized here.

The CGPA brought the motion to dismiss as Epicept withdrew its New Drug Submission (NDS) for approval of CEPLENE. The Court of Appeal found the appeal to be moot, but then considered whether to hear the appeal in any event. The Court of Appeal refused to exercise its discretion to hear the appeal based on the circumstances of the case. Further, the Court of Appeal refused Epicept's cross-motion to stay or adjourn the appeal until such time as it re-files its NDS.

OTHER INDUSTRY NEWS

Health Canada published the final Guidance Document: Notice of Compliance with Conditions.

Health Canada published a Guidance Document: Medical Device Licence Renewal and Fees for the Right to Sell Licensed Medical Devices.

The Natural Health Products Directorate, Health Canada published the Status of Applications Quarterly Report – Quarter 4.

The Patented Medicine Prices Review Board (Board) released an updated version of the Compendium of Policies, Guidelines and Procedures for 2011. The Board also released the Monitoring and Evaluation Plan for the Major Changes in the Guidelines.

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