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On December 22, 2020, the Federal Court issued its decision
holding that section 8.2 of the
Patented Medicines (Notice
of Compliance) Regulations (
PMNOC Regulations)
does not impose a limitation period either the same as or
comparable to the 45-day limitation period for commencing an action
under subsection 6(1):
Merck v Sandoz and
Pharmascience, 2020 FC 1180.
Background
Merck commenced actions pursuant to subsection 6(1) of
the
PMNOC Regulations against Sandoz and
Pharmascience after each served a notice of allegation (NOA) in
respect of the patents listed against
Merck's
JANUVIA (
sitagliptin).
Three months later, Merck commenced an action against each