| Citation: |
Pfizer Canada Inc. v. Novopharm Limited, 2010 FC 668, [2010] 3 F.C.R. D-14 |
T-1868-09 |
paTEnTS
Practice
Appeal from order of Prothonotary (2010 FC 409) dismissing respondent Novopharm Limited’s motion for designating notice of allegation (NOA) as confidential pursuant to Federal Courts Rules, SOR/98-106, r. 151—Novopharm arguing substantial costs incurred in preparing NOA, confidentiality preventing competitors from accessing market at less expense—Test applicable to motion for confidentiality order articulated in Sierra Club of Canada v. Canada (Minister of Finance), 2002 SCC 41, [2002] S.C.R. 522—Prothonotary not erring when failing to explicitly assess whether NOA confidential document—Several factors weighing against confidentiality: absence of regulatory provisions; lack of precedent in Court; interests of transparency in NOA because patents conferring statutory monopoly—Issue of whether to protect information potentially posing serious threat to firm’s commercial interests can be expressed in terms of public interest in maintaining confidentiality, as contemplated by Sierra Club— However, not clear whether language in Sierra Club standing for characterization of market position as important commercial interest—Conclusion deleterious effects of confidentiality order outweighing salutary effects reasonably open to Prothonotary— Designating NOA as confidential possibly concealing excessive amount of information from public—Motion dismissed.
Pfizer Canada Inc. v. Novopharm Limited (T-1868-09, 2010 FC 668, Crampton J., judgment dated June 21, 2010, 21 pp.)