The Federal Court has granted in part Pharmascience's motion
to strike out portions of Teva's statement of claim under
subsection 6(1) of the Patented Medicines (Notice of
Compliance) Regulations (PMNOC Regulations) relating
to glatiramer acetate (Teva's
COPAXONE; Pharmascience's
GLATECT): Teva Canada v Pharmascience
Inc, 2019 FC 595.
Teva holds notices of compliance (NOCs) for COPAXONE in 20 mg
and 40 mg strengths but listed Canadian Patent No. 2,702,437 against COPAXONE for the 40 mg
strength only. Pharmascience previously obtained an NOC for GLATECT
20 mg and filed a supplemental new drug submission (SNDS) for the
40 mg strength. In its action, Teva sought a declaration of
infringement for both GLATECT 20 mg and 40 mg, as well as relief
for past and current infringement in relation to GLATECT 20 mg.
Pharmascience moved to strike on the basis that the claim
improperly joined a cause of action in infringement in respect of a
drug product for which Pharmascience
