, 2007 FC 837 (Perindopril*)
Justice Snider - 2007-08-10
Read full decision. Automatically generated summary:
The Plaintiffs (collectively referred to as Servier or the Plaintiffs) have commenced an action against the Defendants (collectively Apotex or the Defendants), claiming that the Defendants are infringing certain claims of Canadian patent No. 1,341,196 (the 196 Patent). In its Second Amended Statement of Defence and Counterclaim (Defence and Counterclaim), the Defendants raise a number of grounds upon which they assert that the 196 Patent is invalid. The ground of interest in this motion is that of "inventorship". In brief, the Defendants allege that the first and true inventors of the 196 Patent are those named in Patent Application 388,336 (the 336 Application) filed by Schering Corporation (Schering) and not those named as inventors of the 196 Patent.
Decision relates to:
- T-1548-06 - LES LABORATOIRES SERVIER ET AL v. APOTEX INC. ET AL
- A-364-07(2007 FCA 350) - which is an appeal from this decision
- T-1548-06 - LES LABORATOIRES SERVIER ET AL v. APOTEX INC. ET AL
- A-365-07 - which is an appeal from this decision