The Federal Court recently dismissed a Patented Medicines (Notice of Compliance) (PMNOC) Regulations application concerning Apotex's generic aripiprazole product (Bristol-Myers Squibb (BMS) and Otsuka's Abilify) on a summary basis under Section 6(5)(b) of the regulations (for further details please see "Federal Court grants summary dismissal motion under PMNOC Regulations"). An appeal was subsequently filed. On December 15 2017 the Federal Court of Appeal granted a motion by the appellants, BMS and Otsuka, to stay the dismissal order until the appeal could be heard (BMS v Apotex, A-386-17). The appeal was allowed on January 25 2018 on the parties' consent.

For further information on this topic please contact Kevin Siu at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email (kpsiu@smart-biggar.ca). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.

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