PATENTS
PRACTICE
Motion for order under Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 6(5), dismissing prohibition application brought against respondent Novopharm by applicants—Grounds advanced by Novopharm: (1) patent in issue (′753 Patent) irrelevant to dosage form of capsules, reference product (“relevance” argument); (2) ′753 patent not eligible for inclusion on Register as not containing claim for medicine itself, claim for use of medicine (“eligibility” argument); (3) application redundant, scandalous, frivolous, vexatious, otherwise abuse of process (“abuse of process” argument)—Impact of recent developments in law including release of AstraZeneca Canada Inc. v. Canada (Minister of Health), 2006 SCC 49—Impact of amendments to Regulations—Standard to apply in s. 6(5)(a) motions—′753 patent not containing “claim for the medicine itself”, “claim for the use of the medicine”, therefore not eligible for listing on Register—Application dismissed.
Abbott Laboratories Ltd. v. Canada (Minister of Health) (T-773-06, 2007 FC 622, Lafrenière P., order dated 11/6/07, 21 pp.)