Pharmascience Inc. v. Bristol-Myers Squibb Canada Co. and, Bristol-Myers Squibb Holdings Ireland, 2022 FCA 142 (Apixaban*)

Justice Locke; Justice Monaghan; Justice de Montigny - 2022-08-04

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This decision results from four consolidated appeals from a decision of the Federal Court (2021 FC 1, per Zinn J.) concerning four actions under the Patented Medicines (Notice of Compliance) Regulations ... The Federal Court rejected all of the appellants’ validity attacks, and found both patents valid. ... The patent validity issues remaining in dispute are as follows: A) For the 202 Patent: Status as a Selection Patent; Anticipation, Obviousness, and Double Patenting; and Insufficiency, B) For the 171 Patent: Obviousness; Ambiguity; and Overbreadth. ... In short, I conclude that the appeals remaining in dispute should be dismissed.

Decision relates to:


Canadian Intellectual Property