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Canada decisions
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The Federal Court granted Amgen leave in part to amend its defence in two PM(NOC) actions, but refused one open-ended prior-publications amendment.
The Federal Court dismissed Takeda’s patent action against Apotex, finding no infringement of the dexlansoprazole claims and invalidity for inadequate disclosure and unsound prediction of utility.
The Federal Court held Duracell’s Energizer and Energizer Max sticker use depreciated goodwill under section 22, but dismissed the false advertising claims.
The Federal Court upheld Merck’s asserted claims and rejected Pharmascience’s obviousness and insufficiency challenges.
Federal Court held Sandoz would induce infringement of some Roche pirfenidone claims, but not directly infringe. The asserted claims were invalid for obviousness and as methods of medical treatment.
The Federal Court held that Apotex’s MAS XR capsules did not infringe claims 22, 31, 32, 43 or 46 of the 090 Patent, and dismissed Shire’s application.
The Federal Court held Claim 43 novel and useful, but found it obvious in light of Welte and dismissed Amgen’s prohibition application under the NOC Regulations.
The Federal Court dismissed Alcon’s prohibition application, finding the ’287 claims anticipated and obvious over the ’417 prior art, while rejecting the utility challenge.
The Federal Court dismissed Pfizer and Warner-Lambert’s NOC application, holding claim 3 of the pregabalin patent was too broad and lacked support for the racemate and all claimed pain uses.
The Federal Court held that Pharmascience’s invalidity allegations were not justified and granted AstraZeneca’s prohibition order over the 531 patent.
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