Pregabalin does not treat all types of pain2.
The patent fails to disclose any utility of the racemate or any basis for a soundprediction that the racemate would treatall or even some types of pain:Paras 164 to 185Paras 168 to 178Paras 179 to 185OBVIOUSNESS Paras 186 to 205REISSUE APPLICATION Paras 206 to 215CONCLUSIONS AND COSTS Paras 216 to 218
The Applicant Pfizer Canada Inc. (Pfizer) is a “first person” as so described in the
. It has listed the '652 patent in accordance with those
. Pfizer has obtainedfrom the Minister of Health a Notice of Compliance to sell tablets containing pregabalin in 25, 50,75, 150, and 300 mg. strengths, which it does under the brand name LYRICA.
The Applicant Warner-Lambert Company LLC (Warner-Lambert) claims to be the owner of the '652 patent. This claim is not contested in these proceedings.
The Respondent Pharmascience Inc. (Pharmascience) is a “second person” as so described
. It seeks to sell a generic version of Pfizer’s LYRICA drug. To do so, it
must receive a Notice of Compliance from the Minister of Health. In accordance with the
, Pharmascience has served Pfizer with a Notice of Allegation dated February 11, 2011.