The Supreme Court of Canada has clarified its ruling in Teva Canada Ltd v Pfizer Canada Inc, 2012 SCC 60. The Court has confirmed that the patent in issue is neither invalid nor void, finding instead that Teva had established its allegation and therefore dismissing Pfizer’s application for an Order of prohibition (see June 4, 2013 Order).

As reported previously, the Court’s original reasons suggested that the patent was void and invalid, a remedy that is unavailable under the Patented Medicines (Notice of Compliance) Regulations. Pfizer moved to vary the reasons and judgment (see December 2012 issue of Rx IP Update), which failed to recognize the distinction between whether an allegation is justified (the finding made by a Court under the Regulations) and whether a patent is invalid (a finding made in an invalidity action).

The Court’s decision has little practical impact in the context of the Teva ruling; the Court’s reasoning on the issue of sufficiency remains in place. The decision confirms that proceedings under the Regulations are distinct from the parties’ private rights of action.