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ARTICLE · 17 JANUARY 2012

Federal Court Finds PLAVIX Patent Invalid

Smart & Biggar
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On December 6, 2011, Justice Boivin of the Federal Court held that Apotex infringed the patent that claims clopidrogel bisulfate (sanofi-aventis's PLAVIX) but that the patent was invalid: "Apotex Inc. v. sanofi-aventis" 2011 FC 1486, appeal pending.

CanadaIntellectual Property
Urszula Wojtyra
Urszula Wojtyra
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On December 6, 2011, Justice Boivin of the Federal Court held that Apotex infringed the patent that claims clopidrogel bisulfate (sanofi-aventis's PLAVIX) but that the patent was invalid: Apotex Inc. v. sanofi-aventis 2011 FC 1486, appeal pending.

The same patent ('777) had previously been the subject of litigation under the Patented Medicines (Notice of Compliance) Regulations. As reported in the November 2008 special edition of Rx IP Update, the Supreme Court of Canada upheld the Order of prohibition preventing the Minister of Health from issuing a Notice of Compliance ("NOC") to Apotex (2008 SCC 61). Following its loss in the Supreme Court, Apotex brought an impeachment action, and sanofi-aventis followed with an infringement action. The December 6 decision relates to both actions.

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