On April 28, 2017, the Supreme Court of Canada dismissed Apotex's application for leave to appeal a decision of the Federal Court of Appeal (reported here) upholding an Order prohibiting the Minister from granting an NOC to Apotex in relation to its generic version of Eli Lilly's CIALIS (tadalafil) until the expiry of Canadian Patent No. 2,226,784. The Federal Court of Appeal's reasons clarified the test for obviousness-type double patenting and addressed the relevant date for the double-patenting analysis, as well as provided remarks on the distinction between prior art and common general knowledge.
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