PHARMASCIENCE INC. v.TEVA CANADA INNOVATION, et al., 2022 FCA 2
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 2 |
| Date | 06 January 2022 |
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16 practice notes
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...explicitly disclosed in the patent. [232] The disclosure requirement was recently reiterated in Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2 at paragraph [5] Pharmascience argues that the Trial Judge erred with regard to the requirement for a proper disclosure by applying the disc......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...Inc v Heide, 2015 FCA 115 at para 85 [Zero Spill Systems]. (1) Obvious to Try [179] In Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2 [Pharmascience 2022], the Court clarified that the fourth step in the Sanofi obviousness test is the “obvious to try” test. Under the f......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...including the results—the logic of the study along with the CGK supported the reasoning: Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2 at paras 12-14. In a more similar case (although under the old promise doctrine) where the claims were directed to the use of compounds in treating......
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Swist v. Meg Energy Corp., 2022 FCA 118
...the very core of the outcome of the case”: Bennett v. Canada, 2022 FCA 73 at para. 7; Pharmascience Inc. v. Teva Canada Innovation, 2022 FCA 2 at para. 9, leave to appeal to S.C.C. sought, 40100 (April 27, 2022). [20] I will consider here the appellants’ submissions that the F......
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9 cases
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...explicitly disclosed in the patent. [232] The disclosure requirement was recently reiterated in Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2 at paragraph [5] Pharmascience argues that the Trial Judge erred with regard to the requirement for a proper disclosure by applying the disc......
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...Inc v Heide, 2015 FCA 115 at para 85 [Zero Spill Systems]. (1) Obvious to Try [179] In Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2 [Pharmascience 2022], the Court clarified that the fourth step in the Sanofi obviousness test is the “obvious to try” test. Under the f......
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Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
...including the results—the logic of the study along with the CGK supported the reasoning: Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2 at paras 12-14. In a more similar case (although under the old promise doctrine) where the claims were directed to the use of compounds in treating......
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Swist v. Meg Energy Corp., 2022 FCA 118
...the very core of the outcome of the case”: Bennett v. Canada, 2022 FCA 73 at para. 7; Pharmascience Inc. v. Teva Canada Innovation, 2022 FCA 2 at para. 9, leave to appeal to S.C.C. sought, 40100 (April 27, 2022). [20] I will consider here the appellants’ submissions that the F......
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7 firm's commentaries
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Canadian Patent Law 2022: A Year In Review
...prediction of utility may feed into an argument that the claimed invention was obvious. In Pharmascience Inc v Teva Canada Innovation, 2022 FCA 2, the utility of the claimed invention had not been demonstrated before filing and there were no experiments in the patent that could serve as a f......
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FCA upholds patent validity, rejects argument that a soundly predicted invention must be obvious
...Inc., 2020 FC 1158 Appeal decision: Pharmascience Inc. v Teva Canada Innovation et al., 2022 FCA 2 ...
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Key Canadian Patent Law Decisions From 2022 And Some Predictions For 2023
...to apply these principles in their own circumstances. APPLYING COMMON GENERAL KNOWLEDGE - PHARMASCIENCE INC. V. TEVA CANADA INNOVATION, 2022 FCA 2 In early 2022 the Federal Court of Appeal clarified the distinction between sound prediction of utility and obviousness when assessing the valid......
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Soundly Predicted, But Not Obvious: Validity Of MS Drug Patent Upheld On Appeal
...of utility of an invention, but not enough to find the invention obvious". Background In Pharmascience Inc v. Teva Canada Innovation, 2022 FCA 2, the Federal Court of Appeal (FCA) upheld the Federal Court's (FC) decision regarding the validity of Teva's Canadian Patent No. 2,760,802 (the "'......
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