Intellectual Property Weekly Abstracts Alert (Week Of August 8, 2011)

Edited by Chantal Saunders and Beverley Moore

NOC PROCEEDINGS

Production of Product and Manufacturing Information Denied

Bristol-Myers Squibb Canada Co. et al v. Mylan Pharmaceuticals ULC et al.

Drug: efavirenz

This is an appeal of a decision of a Prothonotary, refusing to order Mylan to produce requested information about its manufacturing process and the crystal structure of efavirenz in its product. On appeal, the Applicants alleged that the Prothonotary imposed an unduly high and improper burden to justify production; that the Prothonotary erred in failing to follow a previous decision; and that the Prothonotary erred in considering the amount of documentary production already undertaken by Mylan. The Court dismissed the appeal.