Federal Court of Appeal reinterprets product specificity requirements

Eli Lilly Canada Inc., v Canada (Minister of Health), 2015 FCA 166

On July 17, 2015, the Federal Court of Appeal set aside a judgment of the Federal Court that upheld Health Canada’s refusal to list Canadian Patent 2,379,329 owned by Eli Lilly Canada Inc. on the Patent Register maintained under the PM(NOC) Regulations.

A key victory for innovators, the decision restores the principle (and prior practice) that allows listing of patents claiming ingredients not specifically named in the product, so long as a match exists between the claims as construed and the approved product.

Eli Lilly Canada Inc. was represented by Gowlings lawyers Jay Zakaib, Jennifer Wilkie and Kelly A. McClellan.