Is Viagra® Worth a Try? - Catherine Lemay

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As reported in MBM’s November 7, 2008 Newsflash, the “obvious to try” test was recently adopted by the Supreme Court of Canada in Apotex Inc. v. Sanofi Synthelabo Canada Inc.[1] (“Sanofi”). Now, the first decision by the Federal Court of Appeal interpreting Sanofi has been rendered on January 16, 2009 in Apotex Inc. v. Pfizer Canada Inc.[2] , and suggests that the refined test for obviousness may not necessarily lead to more successful challenges of patent claims on that basis.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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