Patents
Appeal from F.C. decision (2007 FC 1318) dismissing application for order prohibiting Minister of Health from issuing notice of compliance to any person for generic version of “Prevacid” without requiring person to address Canadian Patent Nos. 1327010 ('310 patent) and 1338377 ('377 patent)—'310 and '377 patents listed in respect of “Prevacid” after Novopharm and other generic filed Abbreviated New Drug Submission (ANDS)—Order prohibiting Minister from making future decision under Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 should not be made herein as not certain Minister will make decision, and that decision necessarily is, would result in contravention of Regulations—However, open question whether correct for Minister to apply analytical framework for determining when requisite linkage existed in every case where question arising as to whether generic drug manufacturer must address patent listed after date ANDS filed —Appeal dismissed.
Abbott Laboratories Ltd. v. Canada (Attorney General) (A-27-08, 2008 FCA 186, Sharlow J.A., judgment dated May 20, 2008, 13 pp.)