Adam Heckman

Takeda Canada Inc. brought a patent infringement action under the PMNOC Regulations regarding Canadian Patent No. 2,570,916, which relates to the drug DEXILANT® (dexlansoprazole).

Takeda alleged that Apotex Inc.'s proposed generic product would infringe the patent.

The Court found that Apotex's product did not infringe the patent, as it functioned as a single, continuous delayed-release formulation rather than the pulsatile release dosage form claimed.

The Court also held that the patent was invalid for failing to meet disclosure requirements and failing to soundly predict utility.

The plaintiffs, Biogen and Acorda, brought patent infringement actions against Taro and Pharmascience under the Patented Medicines (Notice of Compliance) Regulations.

The defendants alleged the patent in issue, which pertained to the use of fampridine sustained release formulations to treat multiple sclerosis, was invalid for anticipation, obviousness, and as an unpatentable method of medical treatment.

The Federal Court held that the patent was invalid for anticipation by a financial document and for obviousness based on prior art.

The Court dismissed the plaintiffs' actions and awarded costs to the defendants.