September 21, 2022, marked the fifth anniversary of the
significant amendments to the Patented Medicines (Notice of
Compliance) Regulations (Regulations). This article
provides an update on activities in the fifth year following the
amendments, including new actions and a wave of Court decisions,
both on the merits and procedural (see our prior first, second, third and fourth anniversary updates).
Status of actions under the Regulations
In the period of September 21, 2021 to September 21, 2022,
approximately 29 sets1 (40 total) of actions were
started. A comparison to previous years is provided
below:2
Of the approximately 221 actions started since the amendments,
the majority continue to be resolved prior to completion of the
trial (155, in grey below). 26 actions were pursued to a decision
on the merits; the innovator was successful in 12. Since some of
the actions were tried and decided in a single set of reasons,
there are 15 decisions on the merits,
