| Citation: |
Pfizer Canada Inc. v. genpharm ULC, 2010 FC 684, [2010] 3 F.C.R. D-14 |
T-1118-09 |
paTEnTS
Practice
Motion by respondents pursuant to Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 6(5)(b), to strike allegation in notice of application—Allegation calling into question Genpharm ULC’s corporate existence—Prior to notice of allegation (NOA), respondents Genpharm ULC, Mylan Pharmaceuticals amalgamating—Pfizer Canada Inc. (Pfizer) arguing NOA having no legal effect since Genpharm ULC serving NOA one month after amalgamation and as such, not legal entity, could not become second person under Regulations—Whether corporation carrying business under pre-amalgamation name without registering it “second person” within meaning of Regulations—Respondents’ amalgamation resulting in continuing existence of both corporations—Thus, upon amalgamation, Genpharm ULC not ceasing to exist—Pfizer arguing that because present issue novel, should be left for hearings judge to deal with—Fact issue novel not making it meritorious—No compelling reasons for cluttering issues in dispute surrounding patent in suit with issue herein—Motion granted.
Pfizer Canada Inc. v. Genpharm ULC (T-1118-09, 2010 FC 684, Aalto P., order dated June 22, 2010, 11 pp.)