Apotex Inc. v. Pfizer Canada Inc. et al., Supreme Court Docket 36227

The Supreme Court has dismissed Apotex’s leave to appeal a PM(NOC) decision (2014 FCA 250) that related to utility and sound prediction.

The Supreme Court had summarized the issues in the leave application as follows: 1) How is the utility promised by the patent to be determined? 2) How does promise construction relate to general principles of patent construction? 3) In a subsequent proceeding dealing with an earlier-litigated patent, what circumstances justify a departure by a patentee or a court from a concession or judicial determination made in a prior proceeding on the same patent construction issue?