Supreme Court denies to hear DEXILANT innovative drug appeal

On June 12, 2013, the Supreme Court of Canada (“SCC”) dismissed, with costs, Takeda’s application for leave to appeal the judgment  of the Federal Court of Appeal (Stratas J.A., dissenting) finding that that dexlansoprazole, an enantiomer of the previously marketed lansoprazole, was a specifically excluded variant and therefore outside the regulatory definition of “innovative drug” (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.