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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.
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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.
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
directly.
