• Patent Found To Claim a Method of Medical Treatment
  • October 14, 2013
  • Law Firm: Borden Ladner Gervais LLP - Toronto Office
  • Novartis Pharmaceuticals Canada Inc. v. Cobalt Pharmaceuticals Company, 2013 FC 985

    The Federal Court has dismissed an application to prohibit the Minister of Health from issuing a Notice of Compliance to the Respondent Cobalt in respect of a drug containing zoledronic acid to be administered in once-yearly doses for the treatment of osteoporosis in humans.

    The Court determined that the discovery of an effective once-a-year dosing for postmenopausal osteoporosis was not obvious. However, the patent was found to be invalid for claiming a method of medical treatment. The Court held that the patent fell within the skill of a medical practitioner for claiming treatment using various dosage ranges and intermittent timing.

    Cobalt also asserted that the patent was ineligible for listing as it does not contain a "claim for the use of the medicinal ingredient" as required under the PM(NOC) Regulations. The Court held that there were use claims meeting the criteria for listing. Furthermore, it was considered to be improper to raise this issue at the hearing itself, rather than by way of a separate motion earlier in the proceeding. Cobalt knew the issues and should have addressed them sooner.