Amgen – Federal Court docket of Enchantment dismisses attraction of first trial choice underneath the amended PMNOC Rules | Good & Biggar
On November 3, 2020, the Federal Court docket of Enchantment heard and dismissed the attraction of the primary trial choice underneath the amended Patented Medicines (Discover of Compliance) Rules: Amgen v Pfizer, 2020 FCA 188. Amgen had appealed the trial choice, beforehand reported right here, which held apparent the asserted claims of Canadian Patent No. 1,341,537, regarding filgrastim (Amgen’s NEUPOGEN and Pfizer’s biosimilar product NIVESTYM).
The Court docket of Enchantment discovered that the trial choose had an accurate understanding of the authorized elements to be thought of and utilized within the check for obviousness, which is versatile and should be utilized contextually to the details and circumstances of every declare. The Court docket of Enchantment additional held that the trial choose had not dedicated any palpable and overriding error in concluding as he had, and that the Court docket of Enchantment would have reached the identical consequence if it had been to use the authorized check for obviousness to the proof as if it had been a court docket of first occasion.
Any attraction by Amgen would require the grant of depart by the Supreme Court docket of Canada.