The Federal Court of Appeal dismissed the generic company's appeal of a decision granting prohibition.
The generic company had alleged non-infringement in its NOA. The trial judge found that the generic company's bottle label and product monograph will induce and encourage physicians to prescribe the medicine for an infringing use. The Court of Appeal refused to disturb those findings without palpable and overriding error.
The Court dismissed Novopharm's argument the recent Supreme Court decision in Astrazeneca was determinative of the issues. Novopharm had not raised the issue of whether it had to address the patents in its NOA. Thus, the judge did not err in not considering the argument.
The full text of the decision can be found at: