Managing Intellectual Property

Canadian Federal Court set to fast-track patent cases

15 September 2008

Eileen McDermott, New York

A case between two major Canadian pharmaceutical companies could signal change for the way patent cases are tried in the country

In July this year, Servier Canada secured a victory over the largest Canadian-owned pharmaceutical company, Apotex, which Servier claimed had infringed its Canadian patent, number 1,341,196 (the ’196 patent) for the hypertension drug, perindopril.

Servier claimed that Apotex had been infringing its patent since 2006 by manufacturing and selling a generic version of the drug, and that it also had induced other parties to infringe the patent. Apotex filed counterclaims against Servier, arguing that the ‘196 patent was invalid and that Servier violated the...



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