Pfizer Seeks Re-Consideration of the SCC Case Invalidating the Viagra Patent

November 16, 2012

On November 8, 2012, in Teva Canada Limited v. Pfizer Canada Inc., et al. the Supreme Court of Canada (SCC) found Pfizer’s Viagra™ patent to be “void”, which effectively lifted an order prohibiting Teva getting marketing authorization for its generic version of Viagra™. (Please see Supreme Court of Canada Finds Viagra Patent Unenforceable for full details.)

Following the decision, Pfizer asked the Supreme Court to reconsider the remedy it granted in declaring the Patent ‘446 to be “void.” What the Court should have done instead was set aside the prohibition order that had kept Teva off the market, leaving a ruling on the validity of Patent ‘446 for a proceeding in which the Court has the authority to do so. Generic drug maker Apotex’s action to invalidate the same Pfizer patent is scheduled to go to trial starting December 3rd.

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Author(s):

Michael E. Charles Michael E. Charles
B.Eng.Sci. (Chem. Eng.), LL.B.
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