In this issue:
- Prohibition Application re Olopatadine Patent Dismissed for Lack of Sound Prediction
- Claims Construction for Patent Listing – Does it serve any purpose?
Prohibition Application re Olopatadine Patent Dismissed for Lack of Sound Prediction
By: Alex Gloor
In her February 14th decision of Alcon Canada Inc v. Cobalt Pharmaceuticals Company (2014 FC 149), Justice Gleason of the Federal Court denied Alcon's application for an order of prohibition with respect to its PATADAY® product. PATADAY®, used to treat allergic and inflammatory eye reactions, contains a 0.2% solution of olopatadine. The validity of Canadian Patent 2,447,924 was at issue in this proceeding.
The '924 Patent
The relevant claims of the '924 Patent claimed pharmaceutical compositions for the treatment of allergic or inflammatory disorders of the eye and nose comprising olopatadine and the excipient PVP, where the composition does not contain any of five named "excluded excipients". The two claims at issue in this proceeding (claims 2 and 7) both claimed allowable molecular weight ranges for PVP (5,000-1,600,000), and ranges of allowable olopatadine concentrations in the composition.
Claims Construction for Patent Listing – Does it serve any purpose?
By: Viktor Haramina
On February 17, 2014, the Federal Court dismissed an application by Eli Lilly for judicial review of the Minister of Health's refusal to list Lilly's Canadian Patent No. 2,379,329 in respect of its drug product, TRIFEXIS®. The Federal Court held that it was bound by the decision of the Federal Court of Appeal in Gilead Sciences Canada Inc v Canada (Ministry of Health), 2012 FCA 254, with respect to the product specificity requirements prescribed by paragraph 4(2)(b) of the Patented Medicines (Notice of Compliance) Regulations.
The underlying decision indicated that the '329 Patent claimed a formulation comprising only one medicinal ingredient, spinosad, rather than claims for a formulation that contained the two medicinal ingredients present in TRIFEXIS® (spinosad and milbemycin oxime).
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