Patent for sitagliptin phosphate found valid and infringed; allegations of obviousness and insufficiency dismissed.
This judgment arises from a patent infringement action brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations.
The patent at issue is Canadian Patent No. 2,529,400.
The plaintiffs claimed that the making, constructing, using or selling by the defendant of its sitagliptin phosphate tablets would infringe the patent.
The defendant asserted the patent was invalid for obviousness and/or insufficiency.
The Federal Court dismissed the allegations of invalidity and found the claims to be valid and infringed.
