The defendants brought a motion to strike the plaintiff's claims based on the 1624 Statute of Monopolies and the 1897 Ontario Monopolies Act.
The plaintiff, a generic pharmaceutical manufacturer, alleged that the defendants unlawfully delayed its entry into the market by obtaining and asserting an invalid patent.
The defendants argued that the Patent Act and NOC Regulations constituted a complete code and that the Monopolies Acts did not apply.
The court dismissed the motion, finding that it was not plain and obvious that the claims could not succeed, as the law regarding the complete code argument was unsettled and the Monopolies Acts could arguably apply to invalid patents.
