Pfizer Canada Inc. v. Rhoxalpharma Inc.

Pfizer Canada Inc. v. Rhoxalpharma Inc.

The motion for leave to file the supplementary affidavits was granted because the affidavits directly addressed central issues (whether the product contains or converts to dihydrate and related stability questions), were focused expert evidence responding to new and unanticipated matters arising from...

Source-derived case information.

Citation
2004 FC 1580
Parties
Applicant: PFIZER CANADA INC.; Applicant: PFIZER INC.; Respondent: RHOXALPHARMA INC.; Respondent: THE MINISTER OF HEALTH
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 October 2004
Procedural Posture
Section 6 Application Under the Patented Medicines (notice of Compliance) Regulations / Motion for Leave to File Supplementary Affidavits / Reply Evidence Following Cross Examination
Outcome
Motion granted; Pfizer granted leave to serve and file affidavits of Stephen Byrn and Eric Munsen.
Legal Topics
Section 6 NOC Regulations, Supplementary Evidence, Leave to File, Expert Affidavit, Anticipation of Issues, Prejudice, Sur Reply Evidence
Source Language
english
Patent Administrative Law Evidence Regulatory Law Section 6 NOC Regulations Supplementary Evidence Leave to File Expert Affidavit +3 more

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Parties

PFIZER CANADA INC.

Applicant

PFIZER INC.

Applicant

RHOXALPHARMA INC.

Respondent

THE MINISTER OF HEALTH

Respondent

Procedural Posture

Section 6 Application Under the Patented Medicines (notice of Compliance) Regulations / Motion for Leave to File Supplementary Affidavits / Reply Evidence Following Cross Examination

Legal Issues

  1. 1 Whether the product contains or will convert to 'dihydrate' in manufacture (stability)
  2. 2 Whether Pfizer should be granted leave to file supplementary expert affidavits in reply
  3. 3 Whether the matters in the supplementary affidavits were reasonably foreseeable or anticipated

Ratio Decidendi

The motion for leave to file the supplementary affidavits was granted because the affidavits directly addressed central issues (whether the product contains or converts to dihydrate and related stability questions), were focused expert evidence responding to new and unanticipated matters arising from cross-examination, Pfizer acted promptly, and the balance of prejudice favored allowing the evidence as necessary for a fair reply and the interests of justice.

Court Disposition

Motion granted; Pfizer granted leave to serve and file affidavits of Stephen Byrn and Eric Munsen.

Orders

  • The motion is granted as requested.
  • Pfizer has leave to serve and file the affidavits of Stephen Byrn and Eric Munsen in the form proposed, by no later than five (5) days from the date of these Reasons for Order and Order.