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ARTICLE · 25 JANUARY 2012

Pharmacapsules @ Gowlings - January 20, 2012 - Volume 11, Number 1

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On December 6, 2011, the Federal Court granted Apotex’s impeachment action in respect of the ‘777 Patent, which relates to PLAVIX®.

CanadaIntellectual Property
Marc Richard
Marc Richard
Alex Gloor
Alex Gloor
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Edited by Jennifer L. Wilkie and Isabel Jaen Raasch.

Apotex Inc. v. sanofi et al., December 6, 2011, 2011 FC 1486, Plavix

On December 6, 2011, the Federal Court granted Apotex's impeachment action in respect of the '777 Patent, which relates to PLAVIX®. The Court declared the claims of the '777 Patent to be invalid.  As a consequence of the declaration of invalidity, the relief sought in sanofi's infringement action, heard at the same time, was dismissed. 

This was Apotex's second validity challenge to the '777 Patent.  In a previous PM(NOC) Proceeding,  Apotex' allegations of invalidity were found to be unjustified by all three levels of the Canadian courts. Of significance the validity of the '777 Patent had been upheld by the Supreme Court of Canada in 2006. The Court there had affirmed the decisions below that Apotex's allegations of anticipation, obviousness and double patenting were unjustified.  

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