Appeal dismissed: soundness of prediction of utility is question of fact

Sanofi-Aventis Canada Inc. v. Apotex Inc.

The Trial Judge made a finding that the utility of all the compounds claimed in one claim in the impugned patent could not be soundly predicted at the filing date of the patent application. The patent was therefore found to be invalid.

The Court of Appeal dismissed the appeal, finding that the soundness of a prediction is factual. The Court of Appeal declined to reweigh the evidence and found that the Trial Judge applied the correct legal principles.