Novopharm v. Nycomed Canada Inc.

Drug: pantoprazole sodium

Novopharm brought a motion seeking a Protective Order that contains a category of “Restricted Access” documents, which senior executives and employees at Nycomed Canada Inc. would not be able to see. This is a Section 8 claim arising from proceedings under the NOC Regulations. The Case Management Prothonotary denied the request for the “Restricted Access” category and Novopharm appealed the decision.

The Court noted that the relationship Nycomed Canada Inc. has with Ranbaxy, a generic company which sells pantoprazole sodium manufactured by Nycomed, concerned Novopharm. In particular, Novopharm expressed concern that the highly confidential Novopharm financial information may be used by Nycomed Canada Inc. Nycomed submitted that the restrictive nature of the category in respect of key financial documents would affect its ability to obtain instructions. The Court found that the documents proposed to be classified into that category were not a small set of documents and the description provided by Novopharm of those documents was not meaningful. The Court also rejected Novopharm’s suggestion that two individuals in Germany be permitted to view the documents in order to provide instructions, because the Defendant is a Canadian company.