Lilly brought an application for prohibition pursuant to the Patented Medicines (Notice of Compliance) Regulations. Subsequently, Teva established to Lilly’s satisfaction that it would not infringe the patent at issue. Teva never filed evidence to support its allegations of invalidity, and never disputed Lilly’s reliance on the presumption of validity in s. 43 of the Patent Act. Teva then withdrew its Notice of Allegation. The parties could not agree on how to terminate the proceeding.
The Court held that there was no live issue between the parties, and that the application is therefore moot. Furthermore, there is no reason to depart from the usual disposition of moot proceedings, which is to dismiss the proceeding on that ground.