Federal Court Issues Prohibition Order In Relation To Anti-Inflammatory Celebrex®

On January 28, 2014, the Federal Court issued a decision under the Patented Medicines (Notice of Compliance) Regulations involving the patent for the drug celecoxib, which is marketed by Pfizer Canada under the brand name Celebrex®.  Justice Harrington found that Mylan Pharmaceuticals' allegation that the invention failed to meet a "promise" of reduced side-effects in humans was not justified.  In fact, the Court found that the celecoxib patent made no such promise.  Thus, the Court issued an Order prohibiting the Minister of Health from issuing regulatory approval to Mylan until after expiry of the patent (i.e. November 14, 2014).

Celecoxib is a member of the NSAID class of compounds (non-steroidal anti-inflammatory drugs).  There was no issue between the parties that celecoxib is, in fact, a useful drug to treat inflammation.  However, Mylan alleged that the patent promised that celecoxib produces fewer side-effects in humans than other NSAIDs.  While Mylan did not