| Citation: |
Pfizer Canada Inc. v. Novopharm Limited, 2010 FC 409, [2010] 2 F.C.R. D-10 |
T-1868-09 |
Patents
Practice
Respondent seeking confidentiality order relating to its notice of allegation (NOA)—Respondent concerned other generic drug companies having insight, assistance in reviewing NOA, therefore gaining commercial advantage—Such request exceptional to principle of open, accessible court procedures—No precedent for designating NOA as confidential for such purpose—No evidence provided of serious risk to respondent’s commercial advantage regarding market position, timing of market entry—Characterizing market position as important commercial interest not within meaning outlined in Sierra Club of Canada v. Canada (Minister of Finance), 2002 SCC 41, [2002] 2 S.C.R. 522—No principle of public interest at stake—Compromising principle of open judicial process in manner sought by respondent only protecting possible commercial advantage, leading to greater secrecy surrounding proceedings—Respondent’s request gravely diminishing value of open, accessible court proceedings, of need in preserving public confidence in integrity of administration of justice—Motion dismissed.
Pfizer Canada Inc. v. Novopharm Limited (T-1868-09, 2010 FC 409, Milczynski P., order dated April 14, 2010, 10 pp.)