Amgen Inc. v. Pfizer Canada ULC

Amgen Inc. v. Pfizer Canada ULC

Claims 43–47 of Canadian Patent No. 1,341,537 are invalid for obviousness as of the invention date (accepted priority date Aug 23, 1985); allegations under s53 (material misrepresentation) and insufficiency were rejected; the prior use defence would not have protected Pfizer if claims were valid but is moot because the asserted claims are invalid; action dismissed.

Citation
2020 FC 522
Parties
Plaintiff / Defendant by Counterclaim: AMGEN INC. AND AMGEN CANADA INC.; Defendant / Plaintiff by Counterclaim: PFIZER CANADA ULC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 April 2020
Procedural Posture
Patent Infringement / NOC (regulations S6(1)) / Trial Judgment (federal Court)
Outcome
Action dismissed; Claims 43-47 of Canadian Patent No. 1,341,537 declared invalid for obviousness; Pfizer counterclaim otherwise dismissed.
Legal Topics
Obviousness, Claim Construction, Priority/priority Date, Sufficiency of Disclosure, Material Misrepresentation (s53 Old Act), Prior Use Defence (s56 Old Act), Abuse of Process, Judicial Comity, Costs
Source Language
English
Patent Law Intellectual Property Regulatory Law Civil Procedure Obviousness Claim Construction Priority/priority Date Sufficiency of Disclosure +5 more

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Parties

AMGEN INC. AND AMGEN CANADA INC.

Plaintiff / Defendant by Counterclaim

PFIZER CANADA ULC

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement / NOC (regulations S6(1)) / Trial Judgment (federal Court)

Legal Issues

  1. 1 Abuse of process / judicial comity
  2. 2 Identity of the person skilled in the art
  3. 3 Claim construction of Claims 43-47

Ratio Decidendi

Claims 43–47 of Canadian Patent No. 1,341,537 are invalid for obviousness as of the invention date (accepted priority date Aug 23, 1985); allegations under s53 (material misrepresentation) and insufficiency were rejected; the prior use defence would not have protected Pfizer if claims were valid but is moot because the asserted claims are invalid; action dismissed.

Court Disposition

Action dismissed; Claims 43-47 of Canadian Patent No. 1,341,537 declared invalid for obviousness; Pfizer counterclaim otherwise dismissed.

Orders

  • The Plaintiffs' action is dismissed.
  • Pursuant to subsection 60(1) of the Patent Act and subsection 6(3) of the Patented Medicines (Notice of Compliance) Regulations, Claims 43-47 of Canadian Patent No. 1,341,537 are declared invalid.