Alexion Pharmaceuticals sought to add Dr. Mark J. Evans as an inventor to Canadian Patents No. 2,645,810 and 3,022,097. The Attorney General of Canada did not oppose this. Dr. Evans made significant contributions to the patents, involving an antibody that bound C5 and specific sequencing. Alexion became aware of the omission and provided evidence of Dr. Evans's contribution. The Court had the power to vary inventorship under section 52 of the Patent Act. The application was granted, and Dr. Evans was added as an inventor to both patents.

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