Canada High Court Upholds Plavix 'Selection' Patent

By Julie Zeveloff

Law360, New York (November 06, 2008, 12:00 AM ET) -- In a landmark ruling that could have major implications for generic-drug makers in Canada, the Supreme Court of Canada has held that a selection patent for a key ingredient in the “clot-busting” drug Plavix is valid, dismissing an appeal from Apotex Inc. to invalidate the patent.

The Canadian Supreme Court handed down its unanimous opinion on Thursday in favor of Sanofi-Synthelabo Canada Inc., dismissing Apotex's appeal and also bringing the bar for obviousness in pharmaceutical patent cases in Canada closer to the standard in the U.S....
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