Amgen Inc. v. Pfizer Canada Inc., 2018 FC 1078 (Pegfilgrastim*)
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The within motion has been filed by Pfizer for an order under section 6.08 of the Patented Medicines (Notice of Compliance Regulations) dismissing this action on the ground that it is redundant, scandalous, frivolous or vexatious or is otherwise an abuse of process. Pfizer submits that the Plaintiff, Amgen has improperly, repeatedly and unsuccessfully asserted the patent in issue in this action, Canadian Patent No.1,341,537 under the Regulations. ... Pfizer relies on prior proceedings commenced by Amgen under the Regulations in support of the within motion and argues that Amgen has lost its right to further assert the 537 Patent under the Regulations. For the reasons set out below, Pfizer’s motion is dismissed.
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