The Federal Court of Appeal recently overturned a Federal Court decision, which had invalidated the patent that claims clopidrogel bisulfate (sanofi-aventis's Plavix) on the basis of lack of utility and obviousness. The court of appeal returned the issues of remedies to the trial judge. The same patent had previously been the subject of litigation under the Patented Medicines (Notice of Compliance) Regulations.
Justice Snider recently dismissed actions by Teva and Apotex to impeach Novartis's patent claiming imatinib mesylate (GLEEVEC). She also granted prohibition orders under the Patented Medicines (Notice of Compliance) Regulations against Teva and Apotex regarding the same patent. The decisions were the result of the consolidation of four proceedings. Teva and Apotex may yet appeal.