Case information
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32827
Abbott Laboratories Limited, et al. v. Attorney General of Canada, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-12-23 | Close file on Leave | |
| 2008-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-12-19 | Judgment on leave sent to the parties | |
| 2008-12-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-383-07, 2008 FCA 244, dated July 25, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2008-12-09 | Correspondence received from, C. Zayid dated Dec. 9/08 re: enclosing a recent decision from the Federal Court of Appeal (by fax - original rec'd Dec. 16/08) (sent to the judges Dec. 16/08) | Abbott Laboratories Limited |
| 2008-11-24 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-11-10 | Applicant's reply to respondent's argument, Completed on: 2008-11-10 | Abbott Laboratories Limited |
| 2008-10-29 | Respondent's response on the application for leave to appeal, proof of service missing - rec'd Oct. 31/08, Completed on: 2008-10-31 | Attorney General of Canada |
| 2008-10-01 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-09-29 | Application for leave to appeal, Completed on: 2008-09-29 | Abbott Laboratories Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Abbott Laboratories Limited | Applicant | Active |
| TAP Pharmaceuticals Inc., TAP Pharmaceuticals Products Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Minister of Health | Respondent | Active |
Counsel
Party: Abbott Laboratories Limited
Counsel
Caroline Zayid
Steven G. Mason
Box 48, Suite 4700
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: TAP Pharmaceuticals Inc., TAP Pharmaceuticals Products Inc.
Counsel
Caroline Zayid
Steven G. Mason
Box 48, Suite 4700
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Attorney General of Canada
Counsel
234 Wellington Street
East Tower - Room 1156
Ottawa, Ontario
K1A 0G9
Telephone: (613) 941-4047
FAX: (613) 954-1920
Email: dcowie@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Minister of Health
Counsel
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Intellectual property - Patents - Medicines - Minister of Health applying regulatory amendments and deleting patent from the patent register because the supplementary new drug submission against which the patent was listed specified a new use of a drug that was not claimed in the patent - Whether Court of Appeal erred in interpreting new listing requirements - Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 4(3)(c).
In 1995, the Applicants (collectively, “Abbott”), received notices of compliance for Prevacid, a drug useful in the treatment of ulcers. Abbott filed a supplementary new drug submission (“SNDS”) in 2000 for a new indication for Prevacid, for healing and preventing non-steroidal anti-inflammatory drug ulcers. The patent application for Prevacid was approved in May 2006. Under the Patented Medicines (Notice of Compliance) Regulations (“NOC Regulations”), Abbott was unable to submit the 053 patent for listing on the patent register in connection with its new drug submission (“NDS”) because the patent application date did not precede the NDS date. However, it was able to file the 053 patent against the SNDS because the patent application date preceded the date of filing of the SNDS. Abbott filed the 053 patent list on July 19, 2006. In October, 2006, the NOC Regulations were amended and the new listing requirements applied to those patents filed after June of 2006. The Minister determined that the 053 patent did not meet the new patent listing requirements in s. 4(3)(c) of the amended NOC Regulations because the 053 patent did not contain a claim for the “changed use of the medicinal ingredient” as claimed in the SNDS against which the patent was listed. In 2007, the Minister deleted the 053 patent from the patent register. Abbott applied for judicial review of the Minister’s decision.
Lower court rulings
Federal Court of Canada, Trial Division
T-513-07, 2007 FC 797
Application allowed
Federal Court of Appeal
A-383-07, 2008 FCA 244
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available