Zeneca Pharma Inc. v. Canada ( Minister of National Health and Welfare )
T-1968-93
Nadon J.
10/2/94
4 pp.
Application to obtain information from respondent Apotex -- Respondent alleged entitlement, pursuant to Patent Act, s. 56, to use Lisinopril purchased prior to grant of patents to other drug manufacturer, such use including manufacture into dosage form, and use as defined in patents; use of Lisinopril purchased prior to grant of patents for attending physician to determine; within scope of protection offered by s. 56 if used to prolong survival of mammalians with congestive heart failure as claimed in patent -- Respondent may only sell or use specific "article" purchased prior to issuance of subject patents -- Act, s. 56 not permitting respondent to use or sell Lisinopril in form other than that in which it was purchased -- To rely on s. 56, respondent must state facts essential to legal position -- Statement of legal and factual basis for allegation must be sufficient to enable applicant to understand fully respondent's allegation -- In view of legal basis advanced by respondent, statement of factual basis for allegation not meeting requirements of Patented Medicines (Notice of Compliance) Regulations, s. 5(3) -- Application allowed in part -- Respondent to provide information required within thirty days -- Patent Act, R.S.C., 1985, c. P-4, s. 56 (as am. by R.S.C., 1985 (3rd Supp.), c. 33, s. 22; S.C. 1993, c. 44, ss. 194, 199(c)) -- Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 5(3).