Millennium Pharmaceuticals Inc. v. Teva Canada Limited, 2019 FCA 273 (Bortezomib*)

Justice Stratas; Justice Webb; Justice de Montigny - 2019-11-04

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The appellants appeal from the judgment dated July 18, 2018 of the Federal Court (per Locke J.): 2018 FC 754. In its judgment, the Federal Court granted the respondent compensation for losses suffered during the time its version of a cancer-treating drug with the active ingredient bortezomib was kept off the market. The Federal Court found two of the appellants’ patents invalid for obviousness. On appeal, the appellants attack the finding of obviousness. They submit that the Federal Court did not follow the principles set out by the Supreme Court in Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61, [2008] 3 S.C.R. 265. I reject the appellants’ submission. A fair reading of the Federal Court’s reasons from beginning to end in light of the record before it shows that it properly applied the proper legal test for obviousness.

Decision relates to:


Canadian Intellectual Property