PATENTS |
Practice |
AB Hassle v. Apotex Inc.
T-1747-00
2002 FCT 931, Kelen J.
4/9/02
27 pp.
Application pursuant to Patented Medicines (Notice of Compliance) Regulations for declaration that letter from respondent not constituting notice of allegation (NOA), alternatively for order prohibiting Minister of Health from issuing notice of compliance to respondent in respect of certain pharmaceutical products--Application allowed declaring respondent's letter not complying with Regulations, thus not constituting NOA--Regulations, s. 5(3)(a) requiring NOA to provide detailed statement of legal and factual basis for allegation of non-infringement--Scope of NOA higher than assertion that new drug lacks subcoating--NOA must provide all facts generic producer intends to rely upon in subsequent prohibition proceedings--NOA must address all patent claims that describe basic invention--NOA deficient as not providing facts about formulation of new drug and/or samples of new drug so applicants could determine whether new drug tablets have "inert subcoating" as described in patent claim no. 1; not providing legal basis that "inert subcoating" in patent claim no. 1 restricted to subcoating applied by process described in patent specifications but not referred to in patent claim no. 1--Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 5(3)(a) (as am. by SOR/98-166, s. 4; 99-379, s. 2).