Date: 20100615
Docket: A-502-09
Citation: 2010 FCA 161
CORAM: SHARLOW J.A.
DAWSON J.A.
TRUDEL J.A.
BETWEEN:
BAYER
INC.
Appellant
and
THE MINISTER OF HEALTH and
THE ATTORNEY GENERAL OF CANADA
Respondents
Heard at Ottawa, Ontario, on June 15, 2010.
Judgment delivered from the Bench at Ottawa, Ontario, on June 15, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A.
Date:
20100615
Docket:
A-502-09
Citation:
2010 FCA 161
CORAM: SHARLOW
J.A.
DAWSON J.A.
TRUDEL
J.A.
BETWEEN:
BAYER INC.
Appellant
and
THE MINISTER OF HEALTH and
THE ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on June 15,
2010)
SHARLOW J.A.
[1]
This
is an appeal of the judgment of Justice Russell (2009 FC 1171) dismissing the
application of Bayer Inc. for judicial review of the decision of the Minister
of Health not to list Canadian Patent No. 2,194,979 on the patent register in
respect of a drug called YAZ because the patent does not meet the eligibility
test in paragraph 4(2)(b) of the Patented Medicines (Notice of
Compliance) Regulations, SOR/93-133. It is common ground that no other eligibility rule
could possibly apply.
[2]
Justice
Russell concluded that the Minister’s interpretation of paragraph 4(2)(b)
is correct. We agree, substantially for the reasons he gave. For that reason,
this appeal will be dismissed with costs.
“K. Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-502-09
STYLE OF CAUSE: Bayer
Inc. v. The Minister Of Health and The Attorney General Of Canada
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: June 15, 2010
REASONS FOR JUDGMENT OF THE COURT BY: Sharlow J.A.
Dawson J.A.
Trudel
J.A.
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
|
Mr. Gunars A.
Gaikis
|
FOR THE APPELLANT
|
|
Mr. F. B.
(Rick) Woyiwada
|
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
|
Smart & Biggar
Toronto, Ontario
|
FOR THE
APPELLANT
|
|
Myles J.
Kirvan
Deputy Attorney General of Canada
|
FOR THE
RESPONDENT
|
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