Rx IP Update

Federal Court of Appeal permits listing of a formulation patent naming a single medicinal ingredient against a fixed-dose combination product (TRIFEXIS)

by Nancy Pei

As previously reported, the Patented Medicines (Notice of Compliance) Regulations ("Regulations") were recently amended to permit the listing of a patent claiming a single medicinal ingredient against a fixed-dose combination product.

On July 17, 2015, the Court of Appeal held that a patent with a claim for a formulation naming one medicinal ingredient (spinosad) was eligible for listing against a fixed-dose combination veterinary product containing spinosad and milbemycin oxime (TRIFEXIS): Eli Lilly v Minister of Health, 2015 FCA 166.

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