Teva Canada Limited v. Pfizer Canada Inc., 2015 FCA 280

A Prothonotary dismissed a motion by Teva Canada Limited (Teva) to strike certain paragraphs in the statement of defence and counterclaim by the Pfizer appellants (Pfizer). The Court dismissed the appeal by Teva and Teva appealed to the Court of Appeal. The Court of Appeal held that there is uncertainty in the state of the law with respect to the interpretation of section 8 of the Patented Medicines (Notice of Compliance) Regulations, and as such, declined to interfere with the findings below that the issue was not plainly and obviously devoid of merit.