Eli Lilly Canada Inc. v. Canada (Attorney General), 2019 FC 5
Justice Lafrenière - 2019-01-02
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This is an application for judicial review by the Applicant, Elanco, a division of Eli Lilly Canada Inc., under section 18.1 of the Federal Courts Act, of a decision communicated by letter dated October 17, 2016 on behalf of the Respondent, the Minister of Health, refusing to list Canadian Patent No. 2,812,704 on the Patent Register maintained pursuant to the Patented Medicines (Notice of Compliance) Regulations and the Food and Drug Regulations. ... The Minister refuses to list the ‘704 Patent on the Patent Register because she takes the position that the date of ?ling of Elanco’s new drug submission precedes the ?ling date of the application for the patent, contrary to the timing requirements of subsection 4(6) of the NOC Regulations. The issue to be determined in this application is whether the Minister erred in considering Elanco’s new drug submission to be effectively filed upon receipt by Health Canada, notwithstanding that it did not contain any substantive information and material to enable the Minister to assess the safety and effectiveness of the new drug. ... For the reasons that follow, I find no reason to intervene in the Minister’s Decision to refuse to list Elanco’s patent. The application is accordingly dismissed, with costs.
Decision relates to:
- T-1978-16 - ELANCO, A DIVISION OF ELI LILLY CANADA INC. v. AGC ET AL