Drug: sildenafil Pfizer brought a motion to have the Court determine a question of law before or at the outset of the trial of the action. The Court dismissed the motion.
The preliminary question of law related to whether Apotex was an interested person pursuant to section 60(1) of the Patent Act in respect of claims where Pfizer had given a covenant not to sue; and thus whether Apotex could seek to impeach those claims. The Court held that even if those claims were removed from the proceeding, the litigation would continue with respect to three other claims. Thus, the
Court concluded that there would probably not be any reduction in the complexity of the trial. Furthermore, the Court held that to hear such a motion would likely take at least one day and any decision received only a few days before trial would result in little savings in time and expense with respect to the pretrial preparation by the parties and the Court. Thus, the motion was unsuccessful.