Novartis AG and Novartis Pharmaceuticals Canada Inc. v. RhoxalPharma Inc. and the Minister of Health

Proceedings to prohibit the Minister of Health from issuing a notice of compliance which would allow the sale, by RhoxalPharma, of a generic version of cyclosporine, a drug used to prevent transplant rejection. The patent at issue covered a pharmaceutical formulation containing cyclosporine in the form of a hydrosol. The application was eventually dismissed. RhoxalPharma was advised in these proceedings by a team from Fasken Martineau that included Marie Lafleur and Martin Sheehan. For more information, see (2004) FC 474 and (2005) FCA 11.