Appeal of a listing decision; 2009 FCA 133; estradiol; April 28, 2009

The Court of Appeal dismissed Bayer’s appeal, thus affirming the refusal to list the patent on the Patent Register.

The question before the Court was whether the patent at issue claimed a dosage form of the drug. The applications judge had concluded that the patent describes a delivery system rather than a dosage form. We summarized that decision here.

The Court of Appeal upheld the applications judge’s reasoning that the patent at issue contained a form of protective packaging and thus was not eligible for listing on the Patent Register.

The full text of the decision can be found at: http://decisions.fca-caf.gc.ca/en/2009/2009fca133/2009fca133.html

The full text of the trial decision can be found at: http://decisions.fct-cf.gc.ca/en/2008/2008fc857/2008fc857.html