| Citation: |
Eli Lilly Canada Inc. v. Novopharm Ltd., 2009 FCA 138, [2009] 3 F.C.R. D-21 |
A-565-08 |
Patents
Practice
Appeal from Federal Court decision (2008 FC 1221) dismissing motion for declaration certain sections of Regulations Amending Patended Medicines (Notice of Compliance) Regulations (Amending Regulations), SOR/2008-211 ultra vires powers of Governor in Council—Trial Judge not erring in concluding such general, binding declaration beyond limited scope of summary proceeding under Patented Medicines (Notice of Compliance) Regulations (Regulations), SOR/93-133—Declarations generally not sought by way of motion—Declaratory relief related to validity of law not available in context of application brought under Regulations—Proper course application for judicial review seeking declaration Amending Regulations ultra vires—Appeal dismissed.
Eli Lilly Canada Inc. v. Novopharm Ltd. (A-565-08, 2009 FCA 138, Sexton J.A., judgment dated May 4, 2009, 5 pp.)