Tuesday, January 3, 2012

Plavix Patent Invalid

Apotex Inc v Sanofi-Aventis / clopidogrel bisulfate 2011 FC 1486 Boivin J

In a decision dated 6 December 2011, and released on the FC website today, Boivin J has held the Plavix patent (1,336,777) to be invalid for lack of demonstrated utility and lack of sound prediction, and as being obvious to try. This is the same patent that was held to be not invalid in NOC proceedings that culminated in the SCC decision in Apotex v Sanofi 2008 SCC 61. I will have more to say once I have read and digested this massive (790 paragraphs, 248 pages) decision.

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