Servier loses patent appeal
November 15, 2010
APOTEX has experienced what it
is describing as a “resounding win”
in the latest round of its longrunning
battle against Servier over
the patent of perindopril.
The case concerned proposed
amendments to the patent of
perindopril which would have
allowed Servier to extend its
exclusive rights to the drug.
The Full Federal Court appeal
decision, handed down on
Thursday, supported the initial court
mandate that disallowed Servier’s
request to amend a patent
concerning a specific crystalline
form of the perindopril salt.
Had the decision allowed Servier
to amend the patent, the drug
company would have been able to
limit generic equivalents.
The appeals court supported the
original judgment of Justice Bennett
to refuse the proposed
amendments because Servier had
failed to voluntarily disclose all
relevant matters until they were
exposed by Apotex.
“That failure to disclose was not
of some minor … matter. It was a
failure to disclose Servier’s reason
for the amendments,” said Justice
Bennett.
The Appeals Court also added its
own reasons behind denying Servier
the proposed amendments saying
that they were “not fairly based on
the specification”, and as such
would not be allowable under the
Patents Act 1990.
Servier has now been ordered to
pay Apotex’s costs in relation to the
appeal.
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