John Norman

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.