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ARTICLE · 18 JANUARY 2021

Divided Success In PM(NOC) Actions Regarding Glatiramer Acetate

The Federal Court has decided two infringement actions concerning glatiramer acetate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations).

CanadaIntellectual Property

The Federal Court has decided two infringement actions concerning glatiramer acetate products under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court dismissed allegations of anticipation based upon "speculative" prior art and rejected an argument that there was insufficient disclosure to satisfy the test for sound prediction. However, the Court found one of the two patents in issue was invalid for obviousness. Injunctive relief was granted in respect of the other patent.

Background

Teva Canada Innovation and Teva Canada Limited (together, Teva) and Pharmascience Inc. (Pharmascience) market glatiramer acetate products in Canada for indications related to multiple sclerosis (MS). Teva's product, Copaxone®, is marketed in 20 mg and 40 mg strengths. Pharmascience obtained approval for a 20 mg strength of its product, Glatect®, in August 2017. This case concerns Pharmascience's Supplementary New Drug Submission (SNDS) to obtain

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