| Citation: |
Abbott Laboratories v. Canada (Minister of Health), 2009 FCA 94, [2009] 4 F.C.R. D-17 |
A-622-08 |
Patents
Appeal from Federal Court dismissal ([2009] 4 F.C.R. 401) of application made pursuant to Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 6 to prohibit Minister of Health from issuing Notice of Compliance to respondent until after expiry of Canadian Patent No. 2386527 ('527 patent)—Appellant, manufacturer of antibiotic clarithromycin—'527 patent disclosing existence of clarithromycin in two forms (Form I, Form II)—U.S. Patent No. 4990602 ('602 patent) issued over five years prior to claim date for clarithromycin as antibacterial agent— Although Federal Court erring in factual finding regarding melting point of Form I, nothing turning on error regarding conclusion allegation of anticipation justified—Expert witnesses agreeing that skilled person would make at least some Form I when following teachings of '602 patent—Sufficient for Federal Court to conclude '602 patent disclosing Form I—Appeal dismissed.
Abbott Laboratories v. Canada (Minister of Health) (A-622-08, 2009 FCA 94, Richard C.J., judgment dated March 20, 2009, 9 pp.)