OTHER CASES OF INTEREST
Merck Leave to Appeal to SCC Dismissed
Drug: lovastatin
The Supreme Court of Canada dismissed Merck's application for leave to appeal, with costs to Apotex. The case summary prepared by the Court indicates that the issue for which leave was sought was whether the discretion the Federal Court has to hear a moot case means that the Court has the power to grant a remedy, although the remedy is impossible to grant because the case is moot. The case related to an action for damages pursuant to section 8 of the NOC Regulations.
In Breach of Contract Action, Apotex Required to Show Cause to Prevent Dismissal
Drug: famotidine
In an action for breach of an agreement to supply a particular medicinal ingredient, Apotex was required to show cause why the action should not be dismissed for delay. The Ontario Superior of Justice considered the steps that had been taken in the action as well as further evidence filed. The Court ordered the action to continue in light of the frequent settlement discussions between the parties, with costs to Apotex in any event of the cause.
INDUSTRY NEWS
Health Canada sent an Annual Drug Notification Form to the DIN holder of drugs currently marketed in Canada. Health Canada has posted notice of this Form and Instructions for the Completion of the Annual Drug Notification Form Human and Veterinary Drugs.
CIPO has published its five-year Business Strategy – CIPO: Inspired by Innovation; Committed to Success.
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