By motion in a proceeding commenced pursuant to the Patented Medicines (Notice of Compliance) Regulations, Novopharm sought to keep its Notice of Allegation (NOA) confidential. The Court denied the motion, finding that what Novopharm was seeking was “truly exceptional to the principle of open and accessible court.”
Novopharm argued that it spent $200,000 in costs associated with preparing the NOA, and wanted to keep it confidential from other generic manufacturers who had not yet sent NOAs, and who may use the Novopharm NOA as a springboard or source for their own NOAs. Novopharm acknowledged the information in the NOA is not confidential.
The Court held that there was no evidence of a serious risk to Novopharm’s commercial advantage, and that its potential market position cannot be characterized as an important commercial interest. The Court further found that to compromise the open judicial process in the manner sought by Novopharm would also likely lead to even greater secrecy in the proceeding, thereby restricting public access to information that is acknowledged not to be confidential.