As previously reported, the Federal Court dismissed Apotex’s application for judicial review of the decision of the Therapeutic Products Directorate (TPD), which continued to require Apotex to submit additional information with respect to products manufactured or tested in Apotex’s facilities in India. On August 2, 2018, the Federal Court of Appeal dismissed Apotex’s appeal: Apotex Inc v Canada (Health), 2018 FCA 147. The Federal Court of Appeal found that the application judge made no reviewable error in finding that the TPD’s decision was not improperly motivated, and dismissed the appeal.
