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Apotex’s application for leave to appeal COMBIGAN prohibition order dismissed

On May 9, 2013, the Supreme Court of Canada (“SCC”) dismissed Apotex’s application for leave to appeal of a prohibition Order order issued against  Apotex’s proposed brimonidine + timolol fixed combination product.  The applications judge had found Apotex’s allegation of invalidity justified but granted the prohibition order so that the Court of appeal could clarify the law on comity in NOC applications (see our post here).  The Court of Appeal upheld the prohibition order not on the basis of comity but on finding that Apotex’s allegation of obvious was not justified (see our previous post  here or the SCC’s case summary here).

Consistent with its practice, the SCC did not provide reasons for the denial of the leave application.