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ARTICLE · 29 NOVEMBER 2024

Generic Not Required To Address Patent Submitted Before ANDS Filing But Listed After

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On November 20, 2024, the Federal Court dismissed EMD Serono (Serono)'s judicial review of the Minister of Health's decision to list Canadian Patent No. 3,087,419 (419 Patent)...

CanadaIntellectual Property
Christian Bekking
Christian Bekking
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On November 20, 2024, the Federal Court dismissed EMD Serono (Serono)'s judicial review of the Minister of Health's decision to list Canadian Patent No. 3,087,419 (419 Patent) on the Patent Register one week after it was submitted to Health Canada: EMD Serono v The Minister of Health and Apotex, 2024 FC 1848. The 419 Patent was submitted for listing against regulatory submissions for MAVENCLAD (cladribine), a treatment for patients with relapsing-remitting multiple sclerosis.

At issue was the timing of listing: one day before the 419 Patent was added to the Register, Apotex filed a regulatory submission for a generic version of MAVENCLAD.

  • March 7, 2023 – 419 Patent granted

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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