Bayer Inc. v. Canada (Health)
The Minister's interpretation of paragraph 4(2)(b) is correct; consequently Canadian Patent No. 2,194,979 does not meet the eligibility test for listing on the patent register and the appeal is dismissed.
Source-derived case information.
- Citation
- 2010 FCA 161
- Parties
- Appellant: Bayer Inc.; Respondent: The Minister of Health; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 June 2010
- Procedural Posture
- Judicial Review / Appeal to the Federal Court of Appeal From Federal Court Decision
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Patented Medicines (notice of Compliance) Regulations, Eligibility Under Paragraph 4(2)(b), Patent Listing on Drug Patent Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bayer Inc.
Appellant
The Minister of Health
Respondent
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Appeal to the Federal Court of Appeal From Federal Court Decision
Legal Issues
- 1 Whether Canadian Patent No. 2,194,979 meets eligibility under paragraph 4(2)(b) of the Patented Medicines (Notice of Compliance) Regulations
- 2 Whether the Minister's interpretation of paragraph 4(2)(b) is correct and should be upheld on judicial review
- 3 Whether any other eligibility rule applies
Ratio Decidendi
The Minister's interpretation of paragraph 4(2)(b) is correct; consequently Canadian Patent No. 2,194,979 does not meet the eligibility test for listing on the patent register and the appeal is dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Bayer Inc. v. Canada (Health) Court (s) Database Federal Court of Appeal Decisions Date 2010-06-15 Neutral citation 2010 FCA 161 File numbers A-502-09 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20100615 Docket: A-502-09 Citation: 2010 FCA 161 CORAM: SHARLOW J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: BAYER INC. Appellant and THE MINISTER OF HEALTH and THE ATTORNEY GENERAL OF CANADA Respondents Heard at Ottawa, Ontario, on June 15, 2010. Judgment delivered from the Bench at Ottawa, Ontario, on June 15, 2010. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20100615 Docket: A-502-09 Citation: 2010 FCA 161 CORAM: SHARLOW J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: BAYER INC. Appellant and THE MINISTER OF HEALTH and THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on June 15, 2010) SHARLOW J.A. [1] This is an appeal of the judgment of Justice Russell (2009 FC 1171) dismissing the application of Bayer Inc. for judicial review of the decision of the Minister of Health not to list Canadian Patent No. 2,194,979 on the patent register in respect of a drug called YAZ because the patent does not meet the eligibility test in paragraph 4(2)(b) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. It is common ground that no other eligibility rule could possibly apply. [2] Justice Russell concluded that the Minister’s interpretation of paragraph 4(2)(b) is correct. We agree, substantially for the reasons he gave. For that reason, this appeal will be dismissed with costs. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-502-09 STYLE OF CAUSE: Bayer Inc. v. The Minister Of Health and The Attorney General Of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: June 15, 2010 REASONS FOR JUDGMENT OF THE COURT BY: Sharlow J.A. Dawson J.A. Trudel J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Mr. Gunars A. Gaikis FOR THE APPELLANT Mr. F. B. (Rick) Woyiwada FOR THE RESPONDENTS SOLICITORS OF RECORD: Smart & Biggar Toronto, Ontario FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT