Zeneca Pharma Inc. v. Canada ( Minister of National Health and Welfare )
A-340-95
Strayer J.A.
10/10/96
4 pp.
Appeal from Trial Division decision holding (1) Patent Act, s. 56, permitting use and sale by non-patentee, after issue of patent, of patented article acquired before issue of patent, not having effect of making such use and sale non-infringement of patent within meaning of Patented Medicines (Notice of Compliance) Regulations, s. 5(1)(b)(iv), simply protecting nonpatentee from liability for infringement and (2) notice of allegation of non-infringement could not be justified under Regulations where clear appellant generic, which filed such notice, had inventory which would last for only part of life of patent-Appeal allowed-Effect of s. 56 to render such activity non-infringement-Party filing notice of allegations based on non-infringement by virtue of s. 56 cannot be denied benefits of Regulations simply because its supply of pre-patent inventory may run out during life of patent-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(1)(b)(iv).