Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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 ros bottom lb

More from across our site

12th annual awards announces winners
Sources say parties in trademark cases could tussle over the meaning of source identifier and whether surveys are fair, following the US Supreme Court ruling
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
In-house sources say the UPC’s determinations on validity, injunctions, and damages could dictate whether companies leave their patents in or out
Business is quiet so far but the UPC has everything it needs to attract patentees, panellists at Managing IP’s IP & Innovation Summit argued yesterday, June 7
Reviewing the list of automatically qualifying degrees every three years is a great idea and should bring more tech-savvy people to the bar
A Foss Patents blog post revealed that Mr Justice Marcus Smith handed down his judgment in Optis v Apple on May 10
Witnesses during a committee hearing criticised proposals to increase some fees by as much as 400%
Sources say they are likely to hire external counsel that can create a lasting first impression but might turn their backs on lawyers who have nothing new to offer
Varuni Paranavitane, of counsel at Finnegan, examines recent decisions by US and UK courts to demonstrate the proof of infringement that was required