Pfizer Canada Inc. v. Pharmascience Inc.

Pfizer Canada Inc. v. Pharmascience Inc.

The Prothonotary correctly refused production because under the PM(NOC) regulatory scheme the NOA defines the issues (validity and infringement) and the documents sought were not relevant, necessary or important to those issues; the production question was not vital to the final issue and the Prothonotary's exercise of discretion was not clearly wrong, therefore the Prothonotary's order is affirmed and the motion dismissed.

Citation
2008 FC 950
Parties
Applicant: PFIZER CANADA INC.; Applicant: PFIZER LIMITED; Applicant: PFIZER RESEARCH AND DEVELOPMENT COMPANY, NV/SA; Respondent: PHARMASCIENCE INC.; Respondent: THE MINISTER OF HEALTH
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 August 2008
Procedural Posture
Application Under the Patent Act and Patented Medicines (notice of Compliance) Regulations / Interlocutory Appeal Under Federal Courts Rules, Rule 51 From Prothonotary Order Dismissing Motion for Production; Motion to Dismiss Proceeding Pending
Outcome
Motion dismissed; Prothonotary's order affirmed; Applicants ordered to pay costs to Pharmascience
Legal Topics
Notice of Compliance, Patented Medicines (notice of Compliance) Regulations, Disclosure/discovery, Relevance, Standard of Review on Interlocutory Appeals, Bioequivalence
Source Language
English
Patent Law Administrative Law Regulatory Law Civil Procedure Notice of Compliance Patented Medicines (notice of Compliance) Regulations Disclosure/discovery Relevance +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

PFIZER CANADA INC.

Applicant

PFIZER LIMITED

Applicant

PFIZER RESEARCH AND DEVELOPMENT COMPANY, NV/SA

Applicant

PHARMASCIENCE INC.

Respondent

THE MINISTER OF HEALTH

Respondent

Procedural Posture

Application Under the Patent Act and Patented Medicines (notice of Compliance) Regulations / Interlocutory Appeal Under Federal Courts Rules, Rule 51 From Prothonotary Order Dismissing Motion for Production; Motion to Dismiss Proceeding Pending

Legal Issues

  1. 1 Whether the documents requested were relevant, necessary and important to the issues defined under the PM(NOC) Regulations
  2. 2 Whether the Prothonotary erred in law by treating the Notice of Allegation as defining the issues to be determined
  3. 3 Whether the question of production was vital to the final issue of the case

Ratio Decidendi

The Prothonotary correctly refused production because under the PM(NOC) regulatory scheme the NOA defines the issues (validity and infringement) and the documents sought were not relevant, necessary or important to those issues; the production question was not vital to the final issue and the Prothonotary's exercise of discretion was not clearly wrong, therefore the Prothonotary's order is affirmed and the motion dismissed.

Court Disposition

Motion dismissed; Prothonotary's order affirmed; Applicants ordered to pay costs to Pharmascience

Orders

  • Motion dismissed
  • Applicants shall pay to the Respondent Pharmascience Inc. the sum of $2,000.00 inclusive of GST for costs forthwith