Confidentiality Motion Dismissed
Epicept Corporation v. the Minister of Health, 2010 FC 120 ((Milczynski, Proth.)

February 4, 2010

Jason C. Markwell and Kristin E. Wall for the Applicant, Epicept Corporation (“Epicept”)
Lindsay Ellis for the Respondent, Attorney General of Canada

This was a motion for confidentiality of certain documents in the context of a judicial review by the Applicants to have their drug CEPLENE (histamine dihydrochloride) classified as an innovative drug pursuant to the data protection provisions of the Food and Drug Regulations.  Epicept sought to keep confidential the identity of the Applicant and its employees, the brand name of its drug product, the medicinal ingredient and variations of the medicinal ingredient, the drug products containing the medicinal ingredient or its variations, the disease at issue in Epicept’s NDS and the entire content of the NDS. Epicept’s publication in a press release of the brand name of the drug product, the disease it treats and the medicinal ingredient served to bar its proposed relief, except for the contents of its NDS, which is normally kept confidential.  Epicept’s commercial interests in keeping the details of the proceeding secret were outweighed by the public interest in open and accessible court proceedings.

By: Ken Clark, Aird & Berlis LLP