Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188 (Pegfilgrastim*)
Justice Stratas; Justice Gleason; Justice Laskin - 2020-11-03
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Before this Court is an appeal from a judgment dated April 16, 2020 of the Federal Court (per Southcott J.): 2020 FC 522. The Federal Court found claims 43-47 of the appellants’ Canadian Patent No. 1,341,537 to be obvious and, thus, invalid. The appellants submit that the Federal Court committed reviewable error in applying the test for obviousness. ... In drafting its reasons, the Federal Court adopted what might be considered a “segmented approach” in its analysis of the obviousness factors. We consider this to be merely an artefact of the manner in which the case was argued. On occasion, however, an overly segmented approach can lead to error. The proper approach is to identify the genuine concept of obviousness as exemplified by the factors identified in the jurisprudence and then apply that concept with due attention to the factors. This, the Federal Court did, as is seen by its overall conclusion in paragraph 366 of its reasons.
Decision relates to:
- A-122-20 - AMGEN INC. et al. v. PFIZER CANADA ULC which is an appeal from 2020 FC 522 in T-741-18