Pfizer Canada Inc. v. Teva Canada Limited, 2017 FC 777 (Desvenlafaxine*)

Justice Brown - 2017-09-22

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This is an application for an order pursuant to s 6 of the NOC Regulations prohibiting the Minister of Health from issuing a NOC in respect of a NOA sent by Teva to Pfizer, 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. ... As a procedural note, this case was argued before I heard argument in Pfizer Canada Inc and Wyeth LLC v Apotex Inc and The Minister of Health, in respect of which I will deliver reasons and judgment later today, 2017 FC 774. ... In the reasons that follow I find on a balance of probabilities that Teva’s allegations of invalidity due to obviousness and inutility are not justified. Therefore, Pfizer will have its Order of prohibition, together with costs on terms the parties have agreed upon.

Decision relates to:


Canadian Intellectual Property