Pfizer Canada Inc. v. Apotex Inc.

Pfizer Canada Inc. v. Apotex Inc.

Pfizer failed to prove on a balance of probabilities that Apotex's invalidity allegations were unjustified because the '748 patent did not provide a factual basis or adequate disclosure to demonstrate or soundly predict that sildenafil or the claimed compounds were potent and selective cGMP PDE inhibitors at the...

Source-derived case information.

Citation
2007 FC 26
Parties
Applicant: Pfizer Canada Inc.; Applicant: Pfizer Inc.; Respondent: Apotex Inc.; Respondent: The Minister of Health
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 January 2007
Procedural Posture
NOC Regulations Patent Proceeding / Judgment on Application for Prohibition Following Hearing (oct 16 20, 2006)
Outcome
Application for an order of prohibition denied
Legal Topics
Utility, Doctrine of Sound Prediction, Patent Validity, Claim Construction, NOC Regulations, Disclosure Requirements
Source Language
english
Patent Law Pharmaceutical Regulation Administrative Law Utility Doctrine of Sound Prediction Patent Validity Claim Construction NOC Regulations +1 more

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Parties

Pfizer Canada Inc.

Applicant

Pfizer Inc.

Applicant

Apotex Inc.

Respondent

The Minister of Health

Respondent

Procedural Posture

NOC Regulations Patent Proceeding / Judgment on Application for Prohibition Following Hearing (oct 16 20, 2006)

Legal Issues

  1. 1 Whether Pfizer proved on a balance of probabilities that Apotex's allegations of invalidity are unjustified under the NOC Regulations
  2. 2 Whether sildenafil and the compounds of Patent No. 2,044,748 were demonstrated or soundly predictable as potent and selective cGMP PDE inhibitors at the priority date (June 20, 1990)
  3. 3 What burdens of proof and evidential burdens apply under the NOC Regulations

Ratio Decidendi

Pfizer failed to prove on a balance of probabilities that Apotex's invalidity allegations were unjustified because the '748 patent did not provide a factual basis or adequate disclosure to demonstrate or soundly predict that sildenafil or the claimed compounds were potent and selective cGMP PDE inhibitors at the priority date; consequently the prohibition order was denied.

Court Disposition

Application for an order of prohibition denied

Orders

  • Application for an order of prohibition denied with costs