The Court, in a lengthy decision, dismissed an application for prohibition in respect of the drug finasteride, wherein allegations of invalidity had been raised, including grounds of double-patenting, novelty and obviousness. One claim of the patent was at issue. This claim was written in the Swiss style format and thus the Court devoted many pages to discussion of the history of patent construction, method of medical treatment claims and Swiss style claims and whether they fall within the PMNOC Regulations. The judge ultimately found that the allegations of invalidity were justified with respect to novelty and double-patenting, but not with respect to obviousness.

For more information, please see the following link:

http://decisions.fct-cf.gc.ca/en/2010/2010fc510/2010fc510.html