Takeda Canada Inc v Apotex Inc 2015 FC 570 O'Reilly J
2,388,322 / 2,388,325 / 2,538,419 / ciclesonide / OMNARIS
Takeda had a compound patent to ciclesonide (2,050,812) which expired in 2011 [3]. The patents
at issue in this case were two formulation patents and a second use patent. O’Reilly J held all
three patents to be obvious. None of the other grounds were addressed [5]. O’Reilly J’s holding
turned entirely on the facts. One point of interest is that he did prefer evidence that was given
before the expert knew what was claimed in the patent in dispute, following Rasagiline
(blogged here) and Esomeprazole 2014 FC 638 [29], [43], [60]. However, this did not appear to
be a determinative reason in his overall weighing of the evidence; for example, another factor that was
at least as important was the fact that Takeda’s expert did not fully canvass the prior art [34],
[45].
No comments:
Post a Comment