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Motion to dismiss application for prohibition order under Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 6(5)(b)—Eli Lilly Canada Inc. filing application for prohibition order under Regulations, s. 6(1)—In Eli Lilly Canada v. Apotex Inc. et al., 2008 FC 142 (Apotex decision) involving same patent as these proceedings, Federal Court holding Apotex’ allegation of lack of sound prediction justified, dismissing Lilly’s application—Lilly filing notice of appeal of Apotex decision—Allowing Lilly’s application to proceed pending appeal of Apotex decision not leading to risk of inconsistent judicial decisions in present case—No unfairness to Novopharm in allowing application to continue—Lilly’s prosecution of application not attempt to improperly relitigate result of Apotex matter in hopes of obtaining different result—Not abuse of process, but appropriate exercise of process provided under Regulations—Motion dismissed.
Eli Lilly Canada Inc. v. Novopharm Ltd. (T-1563-07, 2008 FC 513, Tabib P., order dated April 18, 2008, 22 pp.)