PATENTS |
Warner-Lambert Canada Inc. v. Canada (Minister of Health)
T-994-00
2001 FCT 514, Pinard J.
24/5/01
8 pp.
Application for judicial review of decision by Minister of Health under Patented Medicines (Notice of Compliance) Regulations, s. 3(1)--Minister decided: (a) patent list for Canadian Patent No. 1297023 (`023 patent), Canadian Patent No. 1297024 (`024 patent) submitted by applicant would not be added to patent register maintained by Minister under Regulations, s. 3(1), (b) `023, `024 patents will be removed from patent register in respect of applicant's quinapril hydrochloride--One line of products marketed under trade-mark "Accupril", contains quinapril hydrochloride as sole active ingredient--Other line of products marketed under trade-mark "Accuretic"--Both patents directed to pharmaceutical compositions containing medicinal ingredient quinapril hydrochloride in combination with inactive ingredient--"Accupril", "Accuretic" tablets currently marketed not containing ascorbic acid containing stabilizer, ascorbic acid and/or sodium ascorbate--Regulations, s. 3 requiring Minister to maintain register of any information, patent lists submitted by person under s. 4--For patent set out on patent list to be eligible for inclusion on register, it must be relevant to drug for which submission for notice of compliance filed--Evidence showing `023, `024 patents contain claims for pharmaceutical compositions considered, within meaning of Regulations, drugs that contain claims for medicine--Evidence also showing specific drugs covered by `023, `024 patents never subject of drug submission (NOC) under Food and Drug Regulations--Later patents not relevant to drug products for which submission for notice of compliance filed--Not meeting eligibility requirements contained in Regulations, ss. 4(1), (2), (7)--Minister correctly concluding `023, `024 patents ineligible for inclusion on register--Application dismissed--Food and Drug Regulations, C.R.C., c. 870--Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, ss. 3 (as am. by SOR/98-166, s. 2), 4 (as am. idem, s. 3).