FCA provides guidance on standard for leave to appeal interlocutory PMNOC decisions

On December 3, 2020, the Federal Court of Appeal released its first decision providing guidance on the standard for obtaining leave to appeal interlocutory decisions under section 6.11(1) of the Patented Medicines (Notice of Compliance) Regulations (the Regulations): Apotex v Allergan; Pharmascience v Bayer, 2020 FCA 208. The threshold for obtaining leave requires: 1. A fairly arguable case taking into account the standard of review; and 2. That the issue raised is capable of having a direct...
By: Smart & Biggar

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