Amgen Canada Inc. v. Apotex Inc.

Amgen Canada Inc. v. Apotex Inc.

Claim 43 is novel (not anticipated) and has sufficient utility, but Amgen failed to rebut Apotex's allegation that Claim 43 was obvious; the recombinant polypeptide claimed was the predictable product of routine, skilled work prompted by Welte's disclosure and call to clone and produce the factor, therefore the...

Source-derived case information.

Citation
2015 FC 1261
Parties
Applicants: Amgen Canada Inc. and Amgen Inc.; Respondent (second Person): Apotex Inc.; Respondent (regulatory): The Minister of Health
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 November 2015
Procedural Posture
Application Under Patent Medicines (notice of Compliance) Regulations (noc Regulations) / Application for Prohibition; Hearing Concluded (decision Rendered)
Outcome
Application dismissed; prohibition denied
Legal Topics
Novelty (anticipation), Obviousness, Utility (promise of Patent), Claim Construction, Burden of Proof (presumption of Validity), Person Skilled in the Art (posita)
Source Language
english
Patent Law Regulatory Law Pharmaceuticals/biotech Intellectual Property Litigation Novelty (anticipation) Obviousness Utility (promise of Patent) Claim Construction +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Amgen Canada Inc. and Amgen Inc.

Applicants

Apotex Inc.

Respondent (second Person)

The Minister of Health

Respondent (regulatory)

Procedural Posture

Application Under Patent Medicines (notice of Compliance) Regulations (noc Regulations) / Application for Prohibition; Hearing Concluded (decision Rendered)

Legal Issues

  1. 1 Whether Claim 43 is anticipated (novelty) by prior art (Welte)
  2. 2 Whether Claim 43 is obvious (lack of inventive concept) as at date of invention
  3. 3 Whether Claim 43 lacks utility or fails the promise of the patent

Ratio Decidendi

Claim 43 is novel (not anticipated) and has sufficient utility, but Amgen failed to rebut Apotex's allegation that Claim 43 was obvious; the recombinant polypeptide claimed was the predictable product of routine, skilled work prompted by Welte's disclosure and call to clone and produce the factor, therefore the application for prohibition is dismissed.

Court Disposition

Application dismissed; prohibition denied

Orders

  • The Application is dismissed.
  • No party is entitled to costs.