| Citation: |
Pfizer Canada Inc. v. ratiopharm Inc., 2011 FC 74, [2011] 1 F.C.R. D-16 |
T-1422-09 |
Patents
Practice
Motion to stay application on basis of abuse of process—ratiopharm Inc. (respondent), Novopharm Inc. (Novopharm) each serving notices of allegation (NOA) regarding same drug, pregabalin—Applicants seeking orders prohibiting Minister of Health from issuing notices of compliance for respondent’s, Novopharm’s pregabalin products—Respondent, Novopharm subsequently amalgamating with third company, Teva Canada Limited (Teva), both now carrying out business under name Teva—Issue: whether abuse of process for Teva to have two simultaneous NOAs outstanding for same drug—If NOAs having different formulations, excipients, then no reason why proceedings cannot continue—Not axiomatic that two NOAs for same drug, by same company necessarily resulting in finding of abuse of process—Apparent herein respondent, Novopharm NOAs separate, distinct—Both NOAs relying on different formulations, excipients—Amalgamation not changing that fact—Motion dismissed.
Pfizer Canada Inc. v. ratiopharm Inc. (T-1422-09, 2011 FC 74, Aalto P., order dated January 20, 2011, 15 pp.)