Gary Whitton / Shutterstock.com
The Supreme Court of Canada was expected to bring the Canadian law on utility more into line with other jurisdictions, but those hopes have now received a setback, as Gunars Gaikis of Smart & Biggar/Fetherstonhaugh reports.
On November 4, 2014, the Supreme Court of Canada was due to hear an appeal by generic drugs company Apotex against a decision that found it to have infringed a patent covering the blockbuster drug Plavix (clopidogrel bisulfate). The drug is a platelet aggregation inhibitor developed and marketed by Sanofi, as patentee, and Bristol-Myers Squibb (BMS), as licensee.
The Supreme Court was widely expected to clarify and lower the utility requirement in Canadian patent law, which in recent years has led to valuable patents on several top-selling drugs being found invalid, therefore making it easier for pharmaceutical patentees generally to show utility.
Perhaps with this in mind, Apotex decided to pull the plug on its appeal the day before the hearing. The late discontinuance was not only a surprise, but a disappointment to many.
To continue reading this article and to access our full archive, digital magazines and special reports you will need a subscription.
If you have already subscribed please login.
For multi-user price options, or to check if your company has an existing subscription we can add you into, please email Atif at email@example.com
If you have any technical issues please email tech support.
For access to the complete website and archive choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial select ‘TWO WEEK FREE TRIAL’.
Apotex; patent; Bristol-Myers Squibb; Sanofi