Pfizer Canada Inc. v. Apotex Inc.
T-442-96
Noël J.
14/4/97
3 pp.
Applicants argue if they can prove process underlying Apotex's allegation of non-infringement not commercially workable or reliable from safety standpoint, it will show Apotex does not intend to go to market with product by process disclosed in notice of allegation, but with product produced by some other undisclosed process-Commercial workability and safety concerns not matters relevant to justification of allegation of non-infringement made pursuant to Patented Medicines (Notice of Compliance) Regulations-Furthermore, applicants' position tantamount to allegation of fraud-Notion that Apotex could obtain NOC by reference to specified process and circumvent Regulations by thereafter going to market with product produced by another process preposterous-Allegation of this type must be proven and cannot rest on mere insinuations-Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.