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Apotex discontinues Supreme Court appeal regarding Plavix patent
by Nancy Pei
On November 3, 2014, Apotex discontinued its appeal to the Supreme Court of Canada regarding the validity of sanofi-aventis' patent claiming clopidogrel bisulfate (PLAVIX); as a result, the hearing scheduled for November 4, 2014 has been cancelled: Press Release.
Had the appeal proceeded, the Supreme Court of Canada was expected to provide guidance on Canada's "promise" doctrine of utility and the test for sound prediction of utility. See the January 2014 special edition of Rx IP Update for background regarding the Court of Appeal's decision: 2013 FCA 186, rev'g 2011 FC 1486.
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