- Appeal of Prohibition Order Dismissed
- October 29, 2013
- Law Firm: Borden Ladner Gervais LLP - Toronto Office
Teva Canada Limited v. Novartis Pharmaceuticals Canada Inc, 2013 FCA 244
Drug: zoledronic acid
The Federal Court issued an order prohibiting Teva from entering the market with its version of zoledronic acid until the expiration of two patents. Teva appealed the order with respect to one of the patents. The Federal Court of Appeal (FCA) dismissed the appeal.
The appeal related mainly to obviousness issues. The FCA held that the Trial Judge did not apply a higher standard than that set out in Sanofi to determine whether the patent was obvious.
Furthermore, the FCA was not convinced that the Trial Judge made an overriding and palpable error in appreciating the evidence.