Decision

PHARMASCIENCE INC. v.TEVA CANADA INNOVATION, et al., 2022 FCA 2 (GLATIRAMER*)

Justice Stratas; Justice Locke; Justice Monaghan - 2022-01-06

Read full decision. Automatically generated summary:

Over several weeks during the fall of 2020, Federal Court Justice Catherine M. Kane heard the trial of two patent infringement actions (see 2020 FC 1158) commenced pursuant to the Patent Medicines (Notice of Compliance) Regulations. ... Pharmascience argues that the Trial Judge erred with regard to the requirement for a proper disclosure by applying the disclosure requirement that is applicable to patents in general, and failing to recognize a heightened disclosure requirement applicable to inventions based on sound prediction. ... Pharmascience also argues in the alternative that, if the 802 Patent does not fail for lack of utility, it must fail for obviousness. It notes that the 802 Patent does not provide any results of experiments that could form the factual basis for a sound prediction of utility, and therefore the required factual basis and line of reasoning to support of a sound prediction must come from the common general knowledge of the person skilled in the art (PSA). ... For the reasons set out below, I would dismiss the present appeal. I find no reviewable error in the Trial Judge’s conclusions regarding either the utility or the inventiveness of the 802 Patent.

Decision relates to:

 

Canadian Intellectual Property