Tuesday, October 17, 2017

Companion Case to Pfizer v Apotex / ODV

Pfizer Canada Inc v Teva Canada Ltd 2017 FC 777 Brown J
2,436,668 / desvenlafaxine (ODV) / PRISTIQ / NOC

This is a companion case to Pfizer Canada Inc v Apotex Inc 2017 FC 774, blogged here on the obvious-to-try issue. The patent was the same, and the invention story is the same, and the discussion of the facts is largely verbatim repetition [4]. Unlike Apotex, Teva did not argue non-infringement, anticipation or double patenting, but instead restricted itself to obviousness and inutility challenges, which were also raised by Apotex [5]. The discussion of the law on those points is largely verbatim repetition, with a few differences between the decisions to address points made by one party but not the other. While I admit that I did not re-read the entire Teva decision, the differences do not appear to warrant a separate blog post on this case.

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