Apotex Inc. v. Sanofi-Aventis, 2012 FC 318 (Clopidogrel*)

Justice Boivin - 2012-03-16

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These Reasons for Judgment on Costs pertain to the issue of costs following the Judgment and Reasons for Judgment in Apotex Inc. v Sanofi-Aventis, 2011 FC 1486, [2011] FCJ No 1813, dated December 6, 2011. The case concerned the drug clopidogrel bisulfate, sold in Canada under the brand name Plavix in accordance with Canadian Patent No. 1,336,777 (the '777 Patent), issued to Sanofi-Aventis (Sanofi) on August 22, 1995. Apotex Inc. (Apotex) instituted an impeachment action of the '777 Patent (T-644-09) on April 22, 2009, and Sanofi responded by filing an infringement action (T-933-09) on June 8, 2009, and sought damages in the order of several hundred million dollars. As set forth in its Judgment and Reasons for Judgment of December 6, 2011, the Court found that Apotex had infringed the '777 Patent but that the claims of the '777 Patent were invalid for lack of utility – the patent did not disclose the requirements for sound prediction – and for obviousness. Consequently, Apotex' impeachment action was allowed and Sanofi's infringement action was dismissed.

Decision relates to:


Canadian Intellectual Property