PATENTS
Practice
Motion to add Pfizer Limited as party in this proceeding as well as in T-768-06—Pfizer Limited, owner of Canadian Patent No. 1321393 (′393 patent), which is subject of these proceedings, not named as party in notice of application—Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 6(4) providing that where “first person” (person seeking, having notice of compliance) not owner of each patent subject of proceedings, owner shall be made party—Timing for becoming a party governed by Federal Courts Rules, SOR/98-106, rr. 103, 104, 303—Not fatal to application that owner of patent who is not “first person” not party initially as long as owner joined as party at appropriate subsequent time—Court ordering Pfizer Limited be added as party—Motion granted.
Pfizer Canada Inc. v. Canada (Minister of Health) (T-899-06, 2007 FC 167, Hughes J., order dated 14/2/07, 8 pp.)