PATENTS
Practice
Judicial review seeking order quashing Minister of Health’s decision to de‑list applicants’ Canadian patent No. 2269053 (′053 patent) from Patent Register, restore patent thereto—Minister de‑listing ′053 Patent on ground no longer meeting eligibility requirements for patents listed on Patent Register subsequent to 2006 amendments to Patented Medicines (Notice of Compliance) Regulations, SOR/93‑133 (new Regulations)—′053 Patent submitted to list on Patent Register in relation to Supplementary New Drug Submission for “Prevacid”, drug used to reduce gastric acid—Minister having authority under new Regulations to delete ′053 Patent when maintaining Patent Register—′053 Patent meeting eligibility requirements in new Regulations, s. 4(3)(c) since including claim to new use of lansoprazole to treat ulcers caused by non-steroidal anti-inflammatory drugs as required—′053 Patent to be restored on Patent Register— Application allowed.
Abbott Laboratories Ltd. v. Canada (Attorney General) (T‑513‑07, 2007 FC 797, Simpson J., judgment dated 31/7/07, 22 pp.)