By Anton Gibson and James Robinson
In a surprising decision in Teva Canada Ltd. V. Pfizer Canada
Inc. 2012 SCC 60, the Supreme Court of Canada has unanimously ruled
that Pfizer's patent covering ViagraTM is invalid.
The decision paves the way for Teva and others to market generic
versions of ViagraTM before the patent's 2014
expiry.
The ruling comes more than five years after Teva commenced
proceedings under the Patented Medicines (Notice of Compliance)
Regulations challenging Pfizer's patent.
Teva initially alleged that Pfizer's patent was invalid for
obviousness, lack of utility, and insufficiency of disclosure.
However, the Federal Court found Teva's allegation unjustified
and issued an Order prohibiting the Minister of Health from issuing
a Notice of Compliance to Teva, preventing it from marketing a
generic version of ViagraTM.
