Cases: Apotex Inc. v. Pfizer Canada Inc. et
al. and Mylan Pharmaceuticals ULC v. Pfizer Canada Inc. et
applications for leave to appeal from the judgment of the Federal
Court of Appeal 2014 FCA 250
Drug: CELEBREX® (celecoxib)
SCC Docket Nos.: SCC#36227 and
Nature of cases: Leave to Appeal of two s.6
prohibition orders pursuant to the PM(NOC) Regulations
Date of applications: December 23,
On December 23, 2014, Apotex Inc. and Mylan Pharmaceuticals ULC
each filed Supreme Court of Canada (SCC) applications for leave to
appeal the Federal Court of Appeal's decision in 2014 FCA 250
dated October 30, 2014. In the decision, the Federal
Court of Appeal upheld prohibition orders issued under the
Patented Medicines (Notice of Compliance) Regulations
against Mylan and Apotex with respect to the drug CELEBREX®
(celecoxib). As detailed in our
Pharma in Brief from November 2014, the Federal Court of Appeal
decision provides further guidance on assessing the
"promise" of patent utility by holding that a
"promise" must be explicitly and unambiguously made and
construed on a claim-by-claim basis.
These leave applications, if successful, may allow the SCC its
first opportunity to consider the issue of patent utility and the
"promise of the patent", given the discontinuance, on
consent, of Apotex's SCC appeal in the PLAVIX® case on the
eve of hearing on November 3, 2014.
Link to materials:
The materials filed with the Supreme Court for the leave
applications can be found at:
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