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Canada High Court delivers good news to patent owners

Eileen McDermott, New York

The Supreme Court has clarified the tests for anticipation and obviousness and reaffirmed the patentability of selection patents in a ruling that could be a boon for Canadian pharmaceutical companies, as well as patentees in general

The judgment, authored by Justice Marshall Rothstein, upheld Canadian pharmaceutical company Sanofi-Aventis's patent for Plavix (clopidogrel bisulfate), a popular blood clot inhibitor, rejecting generic drug company Apotex's claims that the patent...

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