PATENTS
Practice
Motion to dismiss application for judicial review challenging listing of ′778 patent—Listing of patent made as against six different NOCs for drug “Effexor XR”—Ratiopharm submitting NOCs unrelated to patented invention—Hoffmann-LaRoche Ltd. v. Canada (Minister of Health), [2007] 3 F.C.R. 102 (F.C.A.) holding some supplements to a new drug submission, resulting NOCs, sustaining listing, depending upon why supplement filed—While law in state of flux, currently directing Minister to determine if “relationship” or “relevance” between patented invention of ′778 patent and subject-matter of two NOCs in question, i.e. “maintenance treatment of major depressive disorder” and “revisions to product monograph regarding nausea reduction” —Minister in law creating such relationship by listing ′778 patents against those NOCs—Although no record of factual deliberations Minister undertook, presumption did so deliberate, determine relationship existed—Motion dismissed in respect of those NOC listings, but not others.
Wyeth Canada v. Ratiopharm (T-243-06, 2007 FC 340, Hughes J., order dated 29/3/07, 19 pp.)