Hoffmann-La Roche Ltd. v. Canada ( Minister of National Health and Welfare )
T-1363-98
Rothstein J.
19/11/98
9 pp.
Application by Pro Doc Ltée to dismiss prohibition application of applicants under Regulations amending Patented Medicines (Notice of Compliance) Regulations, s. 6(5)(b)-Product in question ticlopidine hydrochloride which inhibits blood clotting, reducing risk of stroke in certain high risk individuals-Patent in question No. 1,176,170 (170 patent) owned by Syntex (U.S.A.) Inc.-170 patent subject of two prior notices of allegation by Nu-Pharm Inc., Apotex Inc.-Applicants brought prohibition applications in both of prior cases-Prohibition applications dismissed-Construction of words "which is" in claim 1 at issue-Words limiting claim to composition comprising, among other things, one of non-volatile organic acids listed-Prohibition application herein abuse of process-Repetitious litigation on issue fully litigated, lost in prior proceedings-To allow applicants to proceed would be to allow clear abuse of process-Issue herein same issue as in Nu-Pharm, Apotex cases-Applicants for prohibition same, patent at issue same, notice of allegations virtually identical-Litigation abuse of process as attempting to retry same issue already determined in three separate proceedings against applicants-Motion to dismiss prohibition application granted, prohibition application dismissed-Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 6(5)(b) (as enacted by SOR/98-166, s. 5).