Plavix case settled before Supreme Court of Canada hearing

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Plavix case settled before Supreme Court of Canada hearing

A case that was expected to provide guidance on Canada's "promise" doctrine of utility and the test for sound prediction of utility has been settled a day before it was due to be argued at a Supreme Court hearing

plavix.jpg

On November 3, Apotex discontinued its appeal to the Supreme Court of Canada regarding the validity of Sanofi-Aventis' patent claiming clopidogrel bisulfate, which is marketed as Plavix. As a result, the Supreme Court hearing scheduled for November 4 has been cancelled.

Plavix is used to prevent blood clots after a heart attack or stroke.

Observers were hoping the case would provide some certainty around the scope of the utility requirement. In an amicus brief in the case, AIPPI noted that following the Supreme Court of Canada’s decisions in AZT in 2002 and Viagra in 2012 “there has been uncertainty with respect to the precise scope of the utility requirement under Canadian law and in particular the extent to which the utility of a patented invention should be disclosed or supported in the patent specification.”

In AZT, the Court stated that utility must either be demonstrated or be a sound prediction based on information and expertise available at the filing date. In Viagra, the Court declined to decide the scope of any disclosure requirement associated with “sound prediction”. The brief stated that this “remains an open question in the jurisprudence of this Court, and an area of significant uncertainty in Canadian law”.

Other organisations that filed briefs in the case include BIOTECanada, Canada’s Research-Based Pharmaceutical Companies, the Centre for Intellectual Property Policy, the Canadian Generic Pharmaceutical Association and FICPI.

more from across site and SHARED ros bottom lb

More from across our site

One of the litigators expects that she’ll have to help clients navigate challenges posed by USPTO developments
Counsel explain what kind of ITC-related inquiries they’re getting from clients and why complaints at the forum were up in 2024
A ruling concerning a juicing machine, a tussle over a preliminary injunction and a new judge in Paris were among the top talking points this fortnight
John Squires has had a range of in-house and private practice experience, most recently in the IP group at Dilworth Paxson
President Donald Trump’s attacks on Perkins Coie and Covington & Burling should not go unchallenged
The combined entity, which is expected to offer IP services across Australia and New Zealand, will be called Jones Maxwell Smith & Davis
The Iconix v Dream Pairs dispute, to be heard at the UK Supreme Court, concerns trademarks owned by sports brand Umbro and the issue of post-sale confusion
The European IP team from Simmons & Simmons discusses the current approaches to IP enforcement against look-a-like or copycat products
Ten firms have each received more than 11 nominations, while more than 20 in-house counsel are up for awards
Yanfeng Xiong discusses 6am wake ups, honing his basketball skills, and how he prioritises tasks
Gift this article