, 2007 FC 596 (Olanzapine*)
Justice Hughes - 2007-06-05
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This is an application for prohibition brought under the provisions of the Patented Medicines (Notice of Compliance) Regulations, SOR / 93-133 as amended (NOC Regulations) by Eli Lilly Canada Inc., asking the Court to prohibit the Minister of Health from issuing a Notice of Compliance to Novopharm Limited in respect of tablets for oral administration of drugs containing olanzapine in strengths of 2.5 mg, 5 mg, 7.5 mg, 10 mg and 15 mg until the expiry of Canadian Letters Patent No. 2, 041, 113 (the ‘113 patent). For the reasons that follow, I find that Lilly has not demonstrated that the allegation by Novopharm that the specification of the ‘113 patent is insufficient is not justified. This application is dismissed with costs to the Respondent Novopharm.