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

The five-partner team enhances Sheppard Mullin’s technology and life sciences capabilities, expanding its IP practice to more than 130 practitioners
In an exclusive interview, Rouse CEO Luke Minford, Arnold & Siedsma managing partner Steve Duxbury, and Wrays executive chairman Gary Cox discuss plans to build the world’s first ‘truly integrated’ global IP services business
Benjamin Grzimek, partner at Casalonga’s new Düsseldorf office, believes the firm is well-placed to challenge German UPC dominance
A lot of the reporting around the Anthropic settlement misses something critical: it isn’t that relevant to AI training, argues Rebecca Newman at Addleshaw Goddard
Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Gift this article