The Court dismissed an application for prohibition. The generic company alleged non-infringement and included an Undertaking that it would not engage in the infringing use.

The innovator company does not have approval to sell the medicine for the patented use.

The Court found that the undertaking signed by the CEO was binding on the company. The Court further held that any NOC issued shall contain a condition consistent with the Undertaking in the NOA.

The full text of the decision can be found at:

http://decisions.fct-cf.gc.ca/en/2007/2007fc642/2007fc642.html