On August 20, 2018, the Federal Court dismissed Valeant's PMNOC application regarding Ranbaxy's bupropion extended-release tablets (Valeant's WELLBUTRIN XL) and Patent No. 2,524,300. Justice McVeigh held that Ranbaxy's allegation of non-infringement was justified: Valeant Canada LP v Ranbaxy Pharmaceuticals Canada Inc., 2018 FC 847. Justice McVeigh found that "permeation enhancer" in the amount of "about 20% to about 40% of the moisture barrier dry weight" is an essential element, construed "permeation enhancer" to exclude polyethylene glycol and triethyl citrate, and construed "about" to mean a range of plus or minus 10%. Therefore, the amount of permeation enhancer in the Ranbaxy formulation was outside the scope of the range claimed and Ranbaxy's allegation of non-infringement was found justified.
Register now for your free, tailored, daily legal newsfeed service.
Questions? Please contact firstname.lastname@example.orgRegister
Prohibition denied for Ranbaxy's bupropion extended-release tablets
Popular articles from this firm
If you would like to learn how Lexology can drive your content marketing strategy forward, please email email@example.com.
Related topic hubs
"As a busy in-house practitioner, I rarely have the time to attend formal seminars and conferences. Consequently, I find the news releases put out by the various law firms invaluable in keeping me up to date on developments in the law and recent case law. The service that Lexology provides, through consolidating those various news releases and grouping them under the relevant categories, is a timesaver for me and allows me to do a quick daily scan of recent developments."