Decision

Bristol-Myers Squibb Canada Co. v. Pharmascience Inc., 2021 FC 1 (Apixaban*)

Justice Zinn - 2021-01-12

Read full decision. Automatically generated summary:

On consent, these four actions were tried “on a coordinated basis.” The Plaintiffs [collectively referred to as BMS] commenced these actions pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations to prevent the Defendants, Pharmascience and Sandoz from obtaining notices of compliance to market their generic versions of BMS’s product ELIQUIS™. ... The Defendants’ allegations that their apixaban products will not infringe the 202 Patent or the 171 Patent, is based on their assertion that those patents are invalid. Having found that the Asserted Claims are valid, the relief sought by BMS in these actions shall issue.

Decision relates to:

  • T-503-19 - BRISTOL-MYERS SQUIBB CANADA CO. ET AL v. SANDOZ CANADA INC.
  • A-33-21 - which is an appeal from this decision
  • T-504-19 - BRISTOL-MYERS AQUIBB CANADA CO. EL AL v. SANDOZ CANADA INC.
  • A-34-21 - which is an appeal from this decision
  • T-97-19 - BRISTOL-MYERS SQUIBB CANADA CO. ET AL v. PHARMASCIENCE
  • A-31-21 - which is an appeal from this decision
  • T-98-19 - BRISTOL-MYERS SQUIBB CANADA CO. ET AL v. PHARMASCIENCE INC.
  • A-32-21 - which is an appeal from this decision

 

Canadian Intellectual Property