Appeal of a motion to strike ; 2009 FCA 134; memantine; April 29, 2009

The Court of Appeal upheld the decision of the applications judge who struck the applications for judicial review.

In the Court below, Lundbeck had brought proceedings seeking to judicially review the decision of the Minister of Health to accept and review the generic Abbreviated New Drug Submission on the basis that its product was entitled to protection under the Data Protection Regulations, thereby preventing the Minister of Health from accepting the submission during the term of data protection. The judicial review was dismissed December 16, 2008. This decision was summarized here.

The Court of Appeal wholly agreed with the Trial Division’s reasons and dismissed the appeal. Lundbeck’s appications were found to be bereft of any chance of success.

The full text of the decision can be found at:

The full text of the trial decision can be found at: