Novopharm moved for reconsideration of the FCA’s judgment allowing Lilly’s appeal of a Federal Court decision that impeached Lilly’s patent. For a summary of the FCA judgment, see the July 28, 2010, release of this newsletter. By it judgment, the FCA set aside the order of Justice O'Reilly invalidating Lilly’s patent and entitling Novopharm to seek damages pursuant to Section 8 of the PMNOC Regulations. Novopharm brought the motion because it was concerned that the FCA judgment might preclude it from seeking damages pursuant to section 8 of the Regulations. The FCA dismissed the motion. The FCA held that there was no need for it to reconsider its judgment (or amend it) because its judgment did not (if the Lilly patent was ultimately held to be invalid) preclude Novopharm from seeking damages pursuant to section 8 of the Regulations.

The full text of the decision can be found at:

http://decisions.fca-caf.gc.ca/en/2010/2010fca219/2010fca219.html