8 Aug 2022
Biogen Canada Inc. v. Pharmascience Inc.
The appellants' appeal was dismissed by the Federal Court, which found the asserted patent claims invalid due to obviousness. The court did not address infringement as Taro's non-infringement claim relied on invalidity. Significant issues included the court's failure to consider the perspective of a skilled person and the admissibility of respondent's expert evidence. The appeal and cross-appeal were recommended for dismissal. The case involved the 277 Patent concerning sustained-release aminopyridine compositions for multiple sclerosis treatment. Witnesses, including experts on MS, infringement, and patent matters, testified. The court interpreted claim terms, rejected validity attacks, and considered the viewpoint of a skilled person.