Case Comment - Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60

In a recent decision, the Supreme Court of Canada held that Pfizer's patent relating to sildenafil, the effective compound in Viagra, did not meet the disclosure requirements of the Patent Act, R.S.C. 1985, c. P 4. The Court deemed the patent to be invalid because of Pfizer's failure to comply with those requirements. As a result of the decision, other pharmaceutical companies, including the appellant Teva Canada Limited, will have an opportunity to begin selling generic versions of the drug in advance of the patent's expiry date in 2014. The Court's full decision can be found here.  Pfizer has just recently announced that it is reducing the cost of Viagra in order to remain competitive with generic offerings of the drug.