Pfizer Canada Inc. v. Apotex Inc., 2017 FC 774 (Desvenlafaxine*)

Justice Brown - 2017-09-22

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This is an application for an order pursuant to s 6 of the Patented Medicines (Notice of Compliance) Regulations, SOR/1993-133 as amended, SOR/1998-166, SOR/1999-379, SOR/2006-242 [NOC Regulations] prohibiting the Minister of Health from issuing a Notice of Compliance [NOC] in respect of a Notice of Allegation [NOA] sent by Apotex Inc., [Apotex] to Pfizer Canada Inc., previously Wyeth LLC [Pfizer or Wyeth], dated January 21, 2016, in respect of Canadian Patent No. 2,436,668 [668 Patent]. The 668 Patent covers the drug PRISTIQ which is used for the treatment of depression. ... In the reasons that follow, I find on a balance of probabilities that Apotex’s allegations of invalidity due to obviousness, inutility, anticipation, and double patenting, together with Apotex’s allegation of non-infringement are not justified. I find no merit in the arguments of invalidity based on “overpromising” contrary to subsection 27(3) of the Patent Act. Therefore, Pfizer will have its Order of prohibition, together with costs on terms the parties agreed on and which are set out in these Reasons.

Decision relates to:


Canadian Intellectual Property