Pfizer Canada Inc. v. Canada (Attorney General), 2002 CFPI 706 (2002)

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Pfizer Canada Inc. v. Canada (Attorney General), 2002 CFPI 706 (2002)

Recueil des arrêts de la Cour fédérale

Pfizer Canada Inc. c. Canada (Procureur général) (1re inst.) [2003] 1 C.F. 423

Date: 20020625

Docket: T-1103-01

Neutral Citation: 2002 FCT 706

Ottawa, Ontario, this 25 th day of June, 2002

PRESENT: THE HONOURABLE MR. JUSTICE BLANCHARD

BETWEEN:

PFIZER CANADA INC.

Applicant

- and -

ATTORNEY GENERAL OF CANADA

Respondent

- and -

THE CANADIAN DRUG MANUFACTURERS' ASSOCIATION

Intervener

Docket: T-1104-01

AND BETWEEN:

SCHERING CANADA INC.

Applicant

- and -

THE ATTORNEY GENERAL OF CANADA

Respondent

Docket: T-1120-01

AND BETWEEN:

PFIZER CANADA INC.

Applicant

- and -

ATTORNEY GENERAL OF CANADA

Respondent

- and -

THE CANADIAN DRUG MANUFACTURERS' ASSOCIATION

Intervener

REASONS FOR ORDER AND ORDER

[1] The Court has before it three applications for judicial review of decisions of the Minister of Health wherein the Minister's delegate refused to list certain Canadian patents on the Patent Register maintained pursuant to the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, as amended , (the "Regulations"). The Minister decided that the patents were ineligible for inclusion on the Patent Register as they did not meet the regulatory requirements of subsection 4(4) of the Regulations.

[2] In accordance with subsection 4(4) of the Regulations, first persons such as the applicants, may, after the date of filing of a submission for a Notice of Compliance ("NOC"), and within 30 days after the issuance of a patent that was issued on the basis of an application that has a filing date that precedes the date of filing of the submission, submit a patent list or an amendment to an existing patent list. [3] The Minister interpreted the words "filing date" in subsection 4(4) of the Regulations to refer solely to the filing date of an application for patent in Canada and found the patents ineligible for inclusion on the Patent Register as the filing date of the patent application did not precede the filing date of the supplemental new drug submission. Facts

[4] The following is a chronology of the factual situation of each application.

T-1103-01, Applicant: Pfizer Canada Inc. (hereinafter "Pfizer") , Product: ZITHROMAX azithromycin dihydrate (hereinafter "ZITHROMAX")

[5] Pfizer is a company that carries on business as a manufacturer and distributor of pharmaceutical products. [6] On April 29, 199...

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