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ARTICLE · 09 APRIL 2013

NOC Proceedings (Intellectual Property Weekly Abstracts Bulletin (March 25, 2013)

Borden Ladner Gervais LLP
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A list of summaries discussing the most recent updates in the intellectual property sector.

CanadaIntellectual Property
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Edited by Chantal Saunders and Beverley Moore and Adrian Howard

Broad genus patent falls, but single-species patent upheld

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited, 2013 FC 283
Drug: zolendronic acid I.V.

The Federal Court found Teva's allegations of invalidity were not justified for Novartis' narrow compound patent, while the allegations against Boehringer's broader genus patent were justified. As a result of the split decision, the application for prohibition was successful. Teva had alleged that both patents at issue were invalid for being obvious, lacking utility and insufficiency, and the species patent was also alleged to be overbroad.

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