In this case, Justice Zinn granted an order for summary judgment
in the Apotex impeachment action against Pfizer regarding
Pfizer's '446 Patent that was at issue before the Supreme
Court in Viagra (2012 SCC 60). Justice Zinn found that the
impeachment action was moot given that the Supreme Court found the
'446 Patent to be void (despite the proceeding before the
Supreme Court being a s. 55.2 Application).
Pfizer had brought a motion before the Supreme Court to
challenge the remedy granted. However, Justice Zinn held that even
if the Supreme Court changes its decision with respect to the
remedy, sufficiency is a question of law, and thus the Supreme
Court's decision would be binding on lower courts. This is
despite the fact that the proceeding before the Supreme Court was a
s. 55.2 Application. As a result, even if the remedy from the
Supreme Court decision is overturned, Pfizer's patent is now
invalid as a result of Justice Zinn's decision, subject to
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