Amgen Inc. v. Pfizer Canada Inc.

Amgen Inc. v. Pfizer Canada Inc.

Because the revised Regulations transform summary applications into full actions that finally adjudicate substantive issues of validity and infringement, prior determinations under the old Regulations that only addressed whether allegations were "justified" do not preclude a new action under s.6.08; Pfizer did not show the present action is plainly and obviously an abuse of process, so the motion is dismissed.

Citation
2018 FC 1078
Parties
Plaintiffs/defendants by Counterclaim: Amgen Inc.; Plaintiffs/defendants by Counterclaim: Amgen Canada Inc.; Defendant/plaintiff by Counterclaim: Pfizer Canada Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 October 2018
Procedural Posture
Action Under Patented Medicines (notice of Compliance) Regulations (s.6(1)) / Motion to Dismiss Under S.6.08 for Abuse of Process; Decision Rendered
Outcome
Motion dismissed
Legal Topics
Abuse of Process, Notice of Compliance (noc) Regime, Obviousness, Biosimilars, Patent Listing/de Listing, Stay of Proceedings, Relitigation
Source Language
English
Patent Law Intellectual Property Administrative Law Civil Procedure Regulatory Law Abuse of Process Notice of Compliance (noc) Regime Obviousness +4 more

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Parties

Amgen Inc.

Plaintiffs/defendants by Counterclaim

Amgen Canada Inc.

Plaintiffs/defendants by Counterclaim

Pfizer Canada Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Action Under Patented Medicines (notice of Compliance) Regulations (s.6(1)) / Motion to Dismiss Under S.6.08 for Abuse of Process; Decision Rendered

Legal Issues

  1. 1 Whether the action is redundant, scandalous, frivolous or vexatious or otherwise an abuse of process under s.6.08 of the Regulations
  2. 2 Whether prior determinations under the old Regulations (s.6(5)(b)) preclude asserting the same patent under the revised Regulations (s.6.08)
  3. 3 Whether findings in prior applications that allegations were "justified" bind or bar the patentee from bringing a full action under the revised Regulations

Ratio Decidendi

Because the revised Regulations transform summary applications into full actions that finally adjudicate substantive issues of validity and infringement, prior determinations under the old Regulations that only addressed whether allegations were "justified" do not preclude a new action under s.6.08; Pfizer did not show the present action is plainly and obviously an abuse of process, so the motion is dismissed.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed
  • Costs payable to the Plaintiffs in any event of the cause