Are there any claims in issue regarding the > 274 Patent?
Canada (Federal), Canada
The following excerpt is from Abbott Laboratories v. Canada (Minister of Health), 2005 FC 1093 (CanLII):
Ratiopharm alleges that the claims in issue regarding the > 274 Patent are claims for an intermediate and not claims for a medicine and thus, pursuant to Eli Lilly v. Apotex (1995) 63 C.P.R. (3d) 245, are not eligible for listing under the NOC Regulations. Abbott asserts that they are claims for a medicine within the meaning of the NOC Regulations.
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