Kerry Andrusiak

The plaintiffs brought a motion for sanctions under Rule 227 of the Federal Courts Rules, alleging that the defendant's affidavit of documents was deficient.

The Court granted the motion in part, ordering the production of the defendant's business case and an unredacted copy of a production containing third-party supplier information.

The Court found that the plaintiffs had not established the relevance of the requested sections of the defendant's Abbreviated New Drug Submission (ANDS).

This judgment arises from a patent infringement action brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations.

The patent at issue is Canadian Patent No. 2,529,400.

The plaintiffs claimed that the making, constructing, using or selling by the defendant of its sitagliptin phosphate tablets would infringe the patent.

The defendant asserted the patent was invalid for obviousness and/or insufficiency.

The Federal Court dismissed the allegations of invalidity and found the claims to be valid and infringed.