| Citation: |
Eli Lilly Canada Inc. v. Canada (Attorney General), 2009 FC 474, [2009] 3 F.C.R. D-20 |
T-382-08 |
Patents
Practice
Judicial review of Minister of Health’s refusal to add patent to patent register as of date associated patent lists submitted—Minister’s interpretation of Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 5 that patent can only be added to register as of date deemed eligible for listing correct in law—Regulations, s. 5(4) stipulating second person not required in notice of compliance to address any patent not yet added to register—S. 4 clearly distinguishing between innovator submitting patent list to Minister, determination of eligibility of patent “to be added to register”—Patent cannot be added to patent register before deemed eligible by Minister—Innovator assuming risk generic manufacturer obtaining procedural advantage created by delay between filing of patent list, Minister’s determination of eligibility—Legislative choice reflecting policy empowering Minister to determine whether, when patent eligible for listing on register—Innovator’s substantive patent rights always potentially subject to judicial enforcement—Application dismissed.
Eli Lilly Canada Inc. v. Canada (Attorney General) (T-382-08, 2009 FC 474, Barnes J., judgment dated May 8, 2009, 9 pp.)