Duchesnay Inc. v. Pharmascience Inc. and the Minister of Health - doxylamine / pyridoxine NOC proceedings

Proceedings to prohibit the Minister of Health from issuing a notice of compliance which would allow the sale by Pharmascience of a generic version of Diclectin, a combination of doxylamine succinate and pyridoxine hydrochloride used for the treatment of nausea and vomiting of pregnancy, until the expiry of Canadian patent no 2,350,195. The patent at issue covers a formulation of doxylamine and pyridoxine, together with a disintegrating agent, in a capsule covered by an enteric coating which satisfies particular dissolution profiles. Pharmascience consented to a prohibition order. Duchesnay was advised in these proceedings by a team from Fasken Martineau that included Marie Lafleur and Julie Desrosiers. See Court file