We previously reported that the Federal Court dismissed a Patented Medicines (Notice of Compliance) (PMNOC) Regulations application relating to Apotex's generic aripiprazole product (BMS and Otsuka's ABILIFY) on a summary basis under s. 6(5)(b) of the PMNOC Regulations. An appeal was subsequently filed. On December 15, 2017, the Federal Court of Appeal granted a motion by the appellants BMS and Otsuka to stay the dismissal order until the appeal could be heard: Bristol-Myers Squibb and Otsuka Pharmaceutical v Apotex, A-386-17. The appeal was allowed on January 25, 2018 on consent of the parties.
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