Summary Judgment Motion In S. 8 Case Dismissed (Intellectual Property Weekly Abstracts - Week Of March 13, 2017)

PATENT DECISIONS

Summary Judgment Motion in S. 8 Case Dismissed

Apotex Inc. v Abbott Laboratories, Limited, 2017 ONSC 1348
Drug: lansoprazole

In this case, Abbott and Takeda brought a summary judgment motion as against Apotex, to dismiss the s. 8 proceeding in its entirety. As a preliminary matter, the Court held that the issues raised in the Applicant's factum were not enumerated in their Notice of Motion. The motion was restricted to the elements in the questions as originally posed: "(i) that Apotex' submission did not comply with the FDA or FDA Regulations when it was filed, and it was not compliant as of April 2007; and (ii) in the absence of the NOC Regulations, the FDA and FDA Regulations did not permit an Apo-lansoprazole NOC to be issued in April 2007. Therefore, no NOC could or would have issued to Apotex at that time in the absence of the NOC Regulations." (para 48)