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Utility and sound prediction in the chemical and biological arts in Canada: does a single point define a range?

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • August 11 2009

In an application brought before the Federal Court pursuant to the Patented Medicines (Notice of Compliance) Regulations, Eli Lilly Canada Inc. (Eli Lilly) sought to prohibit the Minister of Health from issuing a Notice of Compliance (NOC) to Novopharm Ltd. (Novopharm) for a generic version of raloxifene hydrochloride until the expiry of Canadian Patent No. 2,250,191 (the ‘191 patent), which is the basis for Eli Lilly’s medicine marketed in Canada under the brand name EVISTA