Intellectual Property Weekly Abstracts Alert - Week of April 9, 2012

Edited by Chantal Saunders and Beverley Moore

NOC PROCEEDINGS

Prohibition Order Upheld in Face of

Allegations of Lack of Sound Prediction

Mylan Pharmaceuticals ULC v. Pfizer Canada Inc.

Drug: donepezil

The Federal Court granted a prohibition order, upon application by Pfizer pursuant to the NOC Regulations. A copy of the Federal Court Decision can be found here.

A copy of our summary can be found here. Mylan appealed that decision, alleging that the Applications Judge made two errors relating to sound prediction of utility. The Federal Court of Appeal (FCA) dismissed the appeal.

The FCA held that it is acceptable for a Judge to raise an issue on his own volition provided he informs the parties and gives them a fair opportunity to respond. Furthermore, the FCA upheld the Applications Judge's finding that the issue as to whether the patent fully and accurately set out the work done was not raised in the Notice of Allegation, however, if