Apotex Inc. v. Bristol-Myers Squibb Company, 2011 FCA 34
Justice Blais; Justice Evans; Justice Stratas - 2011-01-31
Read full decision. Automatically generated summary:
There are two appeals before us:
These are my reasons for judgment in both appeals; a copy will be placed in each court file. These appeals arise within a patent infringement proceeding. In this proceeding, Bristol-Myers alleges that Apotex’s manufacture, use and sale of the compound nefazodone hydrochloride infringes certain claims of its patent, no. 1,198,436 (the “’436 Patent”). In its proposed amendments, Apotex alleges that the claims of the ’436 Patent are invalid for lack of sound prediction and inutility.
Decision relates to:
- A-401-10 - APOTEX INC. v. BRISTOL-MYERS SQUIBB COMPANY, ET AL which is an appeal from a decision dated 2010-10-19 in T-2078-00
- A-486-10 - BRISTOL-MYERS SQUIBB COMPANY et al. v. APOTEX INC. which is an appeal from 2010 FC 1325 in T-172-10