Plavix case settled before Supreme Court of Canada hearing

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Plavix case settled before Supreme Court of Canada hearing

A case that was expected to provide guidance on Canada's "promise" doctrine of utility and the test for sound prediction of utility has been settled a day before it was due to be argued at a Supreme Court hearing

plavix.jpg

On November 3, Apotex discontinued its appeal to the Supreme Court of Canada regarding the validity of Sanofi-Aventis' patent claiming clopidogrel bisulfate, which is marketed as Plavix. As a result, the Supreme Court hearing scheduled for November 4 has been cancelled.

Plavix is used to prevent blood clots after a heart attack or stroke.

Observers were hoping the case would provide some certainty around the scope of the utility requirement. In an amicus brief in the case, AIPPI noted that following the Supreme Court of Canada’s decisions in AZT in 2002 and Viagra in 2012 “there has been uncertainty with respect to the precise scope of the utility requirement under Canadian law and in particular the extent to which the utility of a patented invention should be disclosed or supported in the patent specification.”

In AZT, the Court stated that utility must either be demonstrated or be a sound prediction based on information and expertise available at the filing date. In Viagra, the Court declined to decide the scope of any disclosure requirement associated with “sound prediction”. The brief stated that this “remains an open question in the jurisprudence of this Court, and an area of significant uncertainty in Canadian law”.

Other organisations that filed briefs in the case include BIOTECanada, Canada’s Research-Based Pharmaceutical Companies, the Centre for Intellectual Property Policy, the Canadian Generic Pharmaceutical Association and FICPI.

more from across site and SHARED ros bottom lb

More from across our site

A ruling on confidentiality by the the England and Wales Court of Appeal and an intervention from the US government in the InterDigital v Disney litigation were also among top talking points
Moore & Van Allen hires former Teva counsel Larry Rickles to help expand the firm’s life sciences capabilities
Canadian law firms should avoid ‘tunnel vision’ as exclusive survey reveals client dissatisfaction with risk management advice and value-added services
In major recent developments, the CoA ruled on director liability for patent infringement, and Nokia targeted Paramount at the UPC and in Germany
Niri Shan, the newly appointed head of IP for UK, Ireland and the Middle East, explains why the firm’s international setup has brought UPC success, and addresses German partner departures
Vlad Stanese joins our ‘Five minutes with’ series to discuss potentially precedent-setting trademark and copyright cases and his love for aviation
Heath Hoglund, president of Via LA, discusses how it sets royalty rates and its plans to build on growth in China
Stobbs stands accused of interfering with the administration of justice after Brandsmiths’ client was subjected to an interim injunction for unjustified threats
The firm, known for its prosecution expertise, discusses its plans following the appointment of a UK-based patent litigation head and two new partners
Ed White at Clarivate provides an exclusive insight into the innovation power clusters reshaping Europe and the Middle East’s IP landscape, and why quality is the new currency of invention
Gift this article