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SCC Decision: November 6, 2008

Apotex Inc. v. Sanofi-Synthelabo Canada Inc., 2008 SCC 61
Click here to link to the full judgment. 
(Intellectual property / Patents)
S holds a patent over a large variety, or genus, of compounds useful in medical applications.  S also holds a patent over a specific compound, referred to as a selection patent.  A, a generic manufacturer, sought to have the second patent declared invalid on grounds of anticipation, obviousness and double patenting.  The Court held that neither genus nor selection patents are necessarily invalid, and that they must conform to the requirements of novelty and substantial advantage in order to be valid.  The Court found that the patent at issue was not invalid on grounds of anticipation, obviousness or double patenting.
Majority/Dissent: 7/0

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