Idenix Pharmaceuticals, Inc. v. Gilead Pharmasset LLC., 2017 FCA 161
| Jurisdiction | Federal Jurisdiction (Canada) |
| Subject Matter | EVIDENCE,PRACTICE,PATENTS OF INVENTION |
| Citation | 2017 FCA 161 |
| Court | Court of Appeal (Canada) |
| Date | 24 July 2017 |
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9 practice notes
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...A disclosure is insufficient if it necessitates the working out of a problem: Idenix Pharmaceuticals Inc v Gilead Pharmasset LLC, 2017 FCA 161 at para 19. While a minor research project is too much, some non-inventive trial and error experimentation may be permitted: Seedlings Life Science ......
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...is the compound found in Claim 7, the disclosure is sufficient. [457] Amgen relies on Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC, 2017 FCA 161 [Idenix], in which the Federal Court of Appeal cited Novopharm SCC for the requirements of sufficient disclosure and considered whether the......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...will be found to be insufficient if it necessitates the working out of a problem [see Idenix Pharmaceuticals Inc v Gilead Pharmasset LLC, 2017 FCA 161 at para 19]. [229] Sufficiency is a question of fact, to be determined as of the date the application was filed – in this case, April......
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NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
...claimed: Consolboard at 520-521; Teva at paras 49-52, 69-74, 83; Hospira at para 101; Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC, 2017 FCA 161 [Idenix] at para [195] While a patent will not be found invalid for insufficient disclosure where routine experimentation is required of th......
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5 cases
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...A disclosure is insufficient if it necessitates the working out of a problem: Idenix Pharmaceuticals Inc v Gilead Pharmasset LLC, 2017 FCA 161 at para 19. While a minor research project is too much, some non-inventive trial and error experimentation may be permitted: Seedlings Life Science ......
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Amgen Inc. v. Pfizer Canada ULC, 2020 FC 522
...is the compound found in Claim 7, the disclosure is sufficient. [457] Amgen relies on Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC, 2017 FCA 161 [Idenix], in which the Federal Court of Appeal cited Novopharm SCC for the requirements of sufficient disclosure and considered whether the......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...will be found to be insufficient if it necessitates the working out of a problem [see Idenix Pharmaceuticals Inc v Gilead Pharmasset LLC, 2017 FCA 161 at para 19]. [229] Sufficiency is a question of fact, to be determined as of the date the application was filed – in this case, April......
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NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
...claimed: Consolboard at 520-521; Teva at paras 49-52, 69-74, 83; Hospira at para 101; Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC, 2017 FCA 161 [Idenix] at para [195] While a patent will not be found invalid for insufficient disclosure where routine experimentation is required of th......
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4 firm's commentaries
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Federal Court Of Appeal Affirms Invalidity Of Idenix's Hepatitis C Drug Patent
...July 24, 2017, in Idenix Pharmaceuticals, Inc v Gilead Pharmasset LLC (2017 FCA 161), the Canadian Federal Court of Appeal (FCA) dismissed the appeal of Idenix Pharmaceuticals, Inc (Identix) from a Federal Court (FC) decision finding Idenix's Canadian Patent No 2,490,191 ('191 Patent) inval......
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Gilead prevails in SOVALDI appeal
...Idenix’s appeal on both patents was dismissed unanimously by the Court of Appeal (2017 FCA 161). In its decision, the Court noted that the case did not raise new issues of law, and was primarily directed to whether there were reviewable errors made by the trial judge. Nonetheless, some poin......
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Canada's Federal Court Of Appeal Affirms Invalidity Of Idenix Patent For Insufficient Disclosure
...their decision reported as 2017 FCA 161, the Federal Court of Appeal says s. 27(3) of the Patent Act requires the patent to disclose both the invention, and how to make the invention. Further, that a patent will not lack sufficient disclosure where routine experimentation is required of a s......
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Court Of Appeal Affirms Judgment Finding Patent Invalid Due To Insufficient Disclosure (Intellectual Property Weekly Abstracts - Week of July 31, 2017)
...of Appeal affirms judgment finding patent invalid due to insufficient disclosure Idenix Pharmaceuticals, Inc. v. Gilead Pharmasset LLC., 2017 FCA 161 This is an appeal of the Federal Court's decision allowing Gilead's claim to invalidate Idenix's '191 Patent on the grounds of insufficient d......