The Court of Appeal upheld the trial decision, finding that the patent at issue was not eligible for listing. The patent claims were to dosage forms that "comprise" oxycodone. The drug Targin® is a combination dosage form of oxycodone and naloxone. The Court rejected arguments that s. 4(2)(c) of the Patented Medicines (Notice of Compliance) Regulations should be interpreted differently than section 4(2)(b), which includes the words “medicinal ingredient”. These terms have been interpreted to essentially require that the medicinal ingredients in the claim be the same as in the product. The Court found that the patent should be construed to only cover oxycodone and commented that while "comprising" is an open ended term, it cannot be interpreted to cover an unlimited number of unnamed medicinal ingredients and there must be some justification for including an additional element.
The full text of the decision can be found at: