- Case: Sandoz Canada Inc. v. [Patent Holder] (2022 FC 715) - Date of the Case: November 9, 2023 I. Overview - Appellant Sandoz Canada Inc. appealed a Federal Court decision that had upheld the validity of Canadian Patent No. 2,659,770. -The respondent of the case was Janssen Inc. et. al. II. The Patent and Federal Court's Decision - The patent addressed the treatment of vasoconstrictive diseases, including pulmonary arterial hypertension (PAH), using a combination of macitentan and a phosphodiesterase type-5 inhibitor (PDE5 inhibitor). - The Federal Court considered allegations of obviousness, lack of utility, overbreadth, and insufficiency. - The Federal Court correctly applied the legal test for these issues and found that patent invalidity had not been proven. - Regarding the lack of utility, the Federal Court recognized that utility must have been demonstrated or soundly predicted at the time of the patent application. III. Sandoz's Argument - Sandoz claimed that the Federal Court had failed to acknowledge the requirement of "a prima facie reasonable inference of utility" from Eli Lilly, arguing that a lower threshold had been applied. IV. Conclusion - The appeal was dismissed, upholding the validity of the patent. - Costs were awarded to the respondents in the amount of $15,000.