Decision

Teva Canada Limited v. Novartis AG, 2013 FC 141 (Imatinib*)

Justice Snider - 2013-02-19

Read full decision. Automatically generated summary:

Novartis AG (Novartis) is the recorded owner of Canadian Patent No. 2,093,203 (the '203 Patent), a patent applied for on April 1, 1993, granted to Novartis on November 26, 2002, and which will expire on April 1, 2013. Imatinib and its salt, imatinib mesylate, are compounds included in the '203 Patent. Teva Canada Limited (Teva) wishes to sell a generic version of imatinib. On December 3, 2010, Teva commenced an action against Novartis, seeking a declaration under s. 60(1) of the Patent Act that certain of the claims of the '203 Patent are invalid.

Decision relates to:

  • T-2021-10 - TEVA CANADA LIMITED v. NOVARTIS AG
  • A-100-13 - which is an appeal from this decision
  • T-833-11 - APOTEX INC. v. NOVARTIS AG
  • A-98-13 - which is an appeal from this decision

 

Canadian Intellectual Property