Teva Canada Innovation and Teva Pharmaceutical Industries Ltd. v. Apotex Inc., 2014 FC 1070

Drug: rasagiline AZILECT®

Apotex has successfully alleged that Teva’s patent to “Stable Compositions Containing [Rasagiline]” will not be infringed by Apotex’s use of a formulation containing an excipient that is not a “pentahydric or hexahydric alcohol”. The specific identity of the excipient was redacted and Apotex has to notify the Court within 48 hours of obtaining an NOC so that the identity of the excipient may be revealed in the reasons.

In a decision that turned on the facts, the Court construed the term “pentahydric or hexahydric alcohol” to mean alcohols that contain in total five or six hydroxyl groups. The Apotex products were not found to infringe because they contain more than 60% by weight of the redacted excipient.

In light of this finding of non-infringement, the Court declined to consider the arguments relating to the validity of the patent.