Few litigants in Canada fight harder than drug companies fighting over patents. The central dispute usually involves a company with a drug patent using the one-sided system to fend off generic drug companies who are seeking regulatory approval to market the drug as soon as they can. Don’t feel too sorry for the generics, they may spend a fortune on lawyers, but they are also very prosperous.
Here we find a generic, Novopharm, in the course of trying to pry the fingers of Pfizer off a drug patent. Novopharm is asking the Court to protect Novopharm’s legal arguments from public view, so that Novopharm’s generic competitors cannot benefit from its arguments, and also use them to defeat the patent. The application was denied.
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