Pfizer Canada Inc. v. Canada (Health), 2006 FCA 214
Justice Létourneau; Justice Linden; Justice Malone - 2006-06-09
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This appeal relates to Canada Patent #1,321,393 (the '393 Patent) issued in 1987, whereby Pfizer Limited (Pfizer) claims a selection patent over the invention of amlodipine besylate (Besylate), a salt of amlodipine. At issue is whether Pfizer's research leading up to this claim involved only mere verification of Besylate's formulation properties or whether its analysis amounted to the actual invention of Besylate, so as to permit Pfizer to claim a selection patent.
Decision relates to:
- A-75-06 - PFIZER CANADA INC. ET AL v. MINISTER OF HEALTH ET AL