Patents
Infringement
Plaintiffs alleging defendants infringing Canadian Patent No. 1341196 by manufacturing different dosages of generic perindopril products in Canada, selling 8 mg tablets in Canada— Interpretation of Patent Act, R.S.C., 1985, c. P-4, s. 61(1)(b)—Inventorship key to issuance of patents under Act—First inventor entitled to patent—Under s. 61(1)(b), no patent declared invalid on grounds of prior inventorship by some other person unless challenging party can establish other person had, before issue of patentee’s patent, made application for patent in Canada on which conflict proceedings should have been directed—Interpretation of “on which conflict proceedings should have been directed”—Context of conflict proceedings, intent of Parliament, object of Act, relevant case law examined—Words of s. 61(1)(b) not restricting conflict to one declared by Commissioner of Patents—“On which conflict proceedings should have been directed” not limiting who may declare conflict—S. 61(1)(b) applies only where “missed conflict”—S. 61(1) precluding Apotex from challenging validity of '196 Patent on grounds of inventorship as claims involved in conflict proceedings.
Laboratoires Servier v. Apotex Inc. (T-1548-06, 2008 FC 825, Snider J., judgment dated July 2, 2008, 199 pp.)