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ARTICLE · 27 DECEMBER 2017

The Skinny On Skinny Labels

Gowling WLG
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In a recent decision of Federal Court (Bristol-Myers Squibb Canada v Apotex Inc., 2017 FC 1061), Justice Lafrenière dismissed the prohibition proceeding ...

CanadaIntellectual Property
Alexander Camenzind
Alexander Camenzind
Jennifer Wilkie
Jennifer Wilkie
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In a recent decision of Federal Court (Bristol-Myers Squibb Canada v Apotex Inc., 2017 FC 1061), Justice Lafrenière dismissed the prohibition proceeding brought by Bristol-Myers Squibb Canada (BMS) against Apotex Inc. (Apotex) for a generic version of ABILIFY®, which is indicated for several uses.

BMS sought to prohibit Apotex from being issued an NOC for the medicinal ingredient aripiprazole, on the basis that Apotex would infringe BMS’s patent for the use of aripiprazole to treat bipolar I disorder.

However, Apotex alleged it was not seeking approval for the treatment of bipolar I disorder as an indication for Apo-aripiprazole. Instead, Apotex had submitted a “skinny label” for Apo-aripiprazole, only seeking approval for other indications.

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