Federal Court affirms principle of claim differentiation in evaluating utility

19 June 2015

Novartis Pharmaceuticals Canada Inc. v. Teva Canada Ltd. and Minister of Health and Novartis AG, 2015 FC 770

On June 19, 2015, Justice O'Reilly of the Federal Court rejected Teva's allegations of invalidity regarding Novartis's patent covering its iron chelator product EXJADE (deferasirox). Novartis was successful in showing that Teva's allegations of lack of utility (with respect to the compound claims), obviousness, and insufficiency were unjustified.

The firm represented Novartis in these proceedings with a team that included Anthony Creber, Jennifer Wilkie, Livia Aumand and Alex Gloor.


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