Biovail Corporation and Laboratoires des Produits Éthiques Éthypharm 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 diltiazem, a drug used for the treatment of arterial hypertension, until the expiry of Canadian patent no 2,242,224. The patent at issue covered sustained release microgranules containing diltiazem where, when ingested the diltiazem is released with the help of a surfactant. The application was dismissed. RhoxalPharma was advised in these proceedings by a team from Fasken Martineau that included Marie Lafleur and Martin Sheehan. For more information, see (2006) FCA 92.