| Citation: |
Pharmascience Inc. v. Canada (Minister of Health), 2009 FCA 183, [2009] 3 F.C.R. D-20 |
A-472-08 |
Patents
Appeal from Federal Court order (2008 FC 922) allowing judicial review of Minister’s decision requiring Pharmascience Inc. address certain patents in respect of supplementary abbreviated new drug submission under Patented Medicines (Notice of Compliance) Regulations, SOR/93-113, s. 5(1)—S. 5(1) requiring second person filing submission for notice of compliance (NOC) address all patents listed on register in respect of NOC issued to first person, where second person comparing its drug with, making reference to, drug for which NOC issued—Minister erring in law by failing to perform patent-specific analysis under s. 5(1) mandated by AstraZeneca v. Canada (Minister of Health), [2006] 2 S.C.R. 560—Application judge undertaking that analysis, correctly concluding Pharmascience Inc. only required to address patents listed against NOC giving rise to comparator drug actually purchased, analysed to demonstrate bioequivalence—Pharmascience Inc. not making use of patented inventions in question, not within mischief aimed at by Regulations—Appeal dismissed.
Pharmascience Inc. v. Canada (Minister of Health) (A-472-08, 2009 FCA 183, Sexton J.A., judgment dated June 1, 2009, 14 pp.)