Low v. Pfizer Inc. et al.

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Counsel to Pfizer in a proposed class action advanced on behalf of consumers of Viagra.  The plaintiff claimed that Pfizer had secured its patent for Viagra unlawfully, and as a result had overcharged purchasers.  The BC Court of Appeal denied certification and dismissed the action, on the basis that the legislative scheme for patents is a “complete code” and does not permit right of action beyond those contemplated in the legislation. 2015 BCCA 506