Federal Court affirms principle of claim differentiation in evaluating utility

1 minute read
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.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.