Idenix Pharmaceuticals, Inc. v. Gilead Pharmasset LLC., 2017 FCA 161

Justice Pelletier; Justice Near; Justice Rennie - 2017-07-24

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This is an appeal from a judgment of the Federal Court per Justice Annis (the judge), reported as 2015 FC 1156. The respondents Gilead Sciences, Inc., Gilead Sciences Canada, Inc., and Gilead Pharmasset LLC (collectively, Gilead) challenged the appellant Idenix Pharmaceuticals, Inc.’s (Idenix) Canadian Patent No. 2,490,191 (the 191 Patent). By way of counterclaim, Idenix challenged Gilead’s subsequent Canadian Patent No. 2,527,657 (the 657 Patent) for infringement, lack of novelty and wilful misleading. Both impugned patents claimed compounds having activity against the family of Flaviviridae viruses, which includes, for example, Hepatitis C. The judge found the 191 Patent to be invalid on the grounds of insufficiency of disclosure and lack of sound prediction of utility. His conclusion on the invalidity of the 191 Patent led him to dismiss Idenix’s counterclaim against Gilead. ... Having found no reversible error in the judge’s conclusion that the 191 Patent is invalid due to insufficiency of disclosure, the 657 Patent was not anticipated nor did it infringe the 191 Patent. For the reasons above, the appeal should be dismissed with costs.

Decision relates to:


Canadian Intellectual Property