Teva Canada Ltd. v. Pfizer Canada Inc.


Pfizer has filed a motion to amend the recent judgment of the Supreme Court of Canada (SCC) regarding sildenafil. In the alternative, Pfizer is seeking a rehearing on the issue of remedy. The motion argues that the SCC granted a remedy that exceeds its jurisdiction by holding that Pfizer’s patent is invalid. The proceeding in the Federal Court was an application brought pursuant to the Patented Medicines (Notice of Compliance) Regulations, and thus Pfizer argues that the SCC could only dismiss the application, and not invalidate the patent at issue. The SCC’s decision is found here, and our summary is here.