Patents
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Application to set aside Notice of Compliance (NOC) granted to respondent Laboratoires Riva Inc. (Riva)—Whether generic drug manufacturer which has applied to Minister of Health (Minister) for approval to sell generic version of drug on basis of cross-reference to another generic’s application can acquire NOC where other cross-referenced generic precluded from doing so in proceedings under Patented Medicines (Notice of Compliance) Regulations, SOR/93-133—Drug at issue, commonly known as ramipril, sold in Canada by applicant Sanofi-Aventis Canada Inc.—Riva applying to Minister for NOC to sell ramipril in Canada by cross-referencing application filed by another generic, Pharmascience Inc., with approval of latter—Consideration must be given as to whether Riva “privy” of Pharmascience—Little evidence as to relationship between Riva and Pharmascience—Not sufficient to rely on fact of cross-referencing so as to invoke preclusions against challenging validity of patent imposed by courts against other party—More evidence needed to establish one party privy to other or that some other situation existed requiring Court’s intervention to prevent abuse—Application dismissed.
Sanofi-Aventis Canada Inc. v. Canada (Minister of Health) (T-1351-07, 2008 FC 1062, Hughes J., judgment dated September 22, 2008, 27 pp.)