6 Jan 2022
Pharmascience Inc. v. Teva Canada Innovation
Federal Court Justice Catherine M. Kane presided over patent infringement cases involving Pharmascience Inc. and Teva's Copaxone 40 mg patents. One patent was deemed invalid, but Pharmascience's product was found to infringe on the other patent, preventing its sale in Canada. Pharmascience appealed, arguing against the patent's validity based on disclosure requirements and obviousness. However, the appeal was dismissed, with no errors found in the Trial Judge's rulings on disclosure and utility. The Judge's assessment of obviousness was also deemed correct, and foreign court decisions and CIPO's re-examination were not binding. The appeal was denied, and costs were assigned to the appellant.