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Federal Court upholds Health Canada's strict interpretation of patent listing deadline for KEYTRUDA formulation patent | Smart & Biggar

Merck argued Health Canada unreasonably held that the Time Limits Act) did not have the effect of suspending this 30-day time period. The Time Limits Act suspended a number of federally-legislated deadlines, including time limits related to limitation periods for commencing a court proceeding. Merck argued that subsection 4(6) functions as a “gateway” to the summary litigation provisions of the PMNOC Regulations and therefore the 30-day time period is a “limitation period within a limi...
Procter Gamble Pharmaceuticals Canada Incv Merck Canada Incv Health Health Canada Federal Court Canadian Patent Patent Register

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