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ARTICLE · 10 JANUARY 2012

Intellectual Property Weekly Abstracts Alert - Week Of January 3, 2012

Borden Ladner Gervais LLP
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Patent Found Invalid on Basis of Lack of Utility, Sound Prediction and Obviousness.

CanadaIntellectual Property
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Edited by Chantal Saunders and Beverley Moore

Patent Found Invalid on Basis of Lack of Utility, Sound Prediction and Obviousness

Apotex Inc. v. Sanofi-Aventis; Sanofi-Aventis and Bristol-Myers Squibb Sanofi Pharmaceuticals Holdings Partnership v. Apotex Inc.

Drug: PLAVIX clopidogrel bisulfate

This decision relates to an impeachment action and an infringement action that were consolidated. As a preliminary issue, the Court first considered whether the Partnership has standing to bring the action, and concluded that it does as a person claiming under the patentee pursuant to the Patent Act. The Court construed the claims of the patent, as well as the promise of the patent. The promise of the patent was found to be a promise of use in humans.

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