PATENTS
Infringement
Application for order prohibiting Minister of Health from issuing notice of compliance to Ranbaxy Laboratories Ltd. until expiry of Canadian Patents no. 2220018 (′018 Patent), no. 2220455 (′455 Patent)—Saccharin doctrine (principle extracted from Saccharin Corp. Ltd. v. Anglo-Continental Chemical works, Ltd. (1900), 17 R.P.C. 307 (Ch.)) applied in Canada to situations involving process patents—Application of Saccharin doctrine not limited to process claims—Factors to be considered to determine whether doctrine applies to product or process claims—Must be strong link between use of patented process or product and product sold into Canada—Application allowed with respect to ′018 patent, dismissed with respect to ′455 patent.
Pfizer Canada Inc. v. Canada (Minister of Health) (T-507-05, 2007 FC 898, Snider J., order dated 5/10/07, 62 pp.)