Sandoz’s LIPIDIL EZ Non-Infringement Allegations Justified

On June 15, 2012, Justice Zinn issued Judgments in two prohibition proceedings between Sandoz and Fournier in respect of fenofibrate tablets and Canadian Patent Nos. 2,372,576 (Court File No. T-991-10) and 2,487,054 (Court File No. T-1184-10). The '576 patent generally claims specific compositions of fenofibrate with a particle size less than 20 microns. The '054 patent is generally directed to formulations having a certain particle size having certain pharmacokinetic parameters in the fed and fasted state.  Both the '576 and '054 patents are listed on the Patent Register against Founier's LIPIDIL EZ fenofibrate tablets.

The Federal Court's recorded entries in both proceedings indicates that the result of the judicial review applications are "CONFIDENTIAL". According to the Court's recorded entries,  Justice Zinn has provided the parties in both matters until the end of business on Friday June 29, 2012 to inform the Court if any portions of the confidential