In Pfizer Canada Inc. v. Canada (Health) (2009 FC 1165), the Federal Court (FC) dismissed Ratiopharm's motion to set aside the Federal Court of Appeal's (FCA) decision (2006 FCA 214) granting an order of prohibition, and to dismiss the application for prohibition. The FC also dismissed Pfizer's motion to quash or adjourn Ratiopharm's motion until the determination of an appeal of Ratiopharm's successful impeachment (2009 FC 711) of Pfizer's Canadian Patent 1,321,393 ('393 Patent). In so doing, the FC held that it cannot dismiss an application for prohibition based on subsequent litigation, except perhaps where fraud is alleged in that application and successfully argued in the subsequent litigation. (more...)