Osler successfully represented Mylan Pharmaceuticals in a patent proceeding brought by pharmaceutical company Amgen to prohibit the Minister of Health from issuing a market authorization (notice of compliance) to Mylan for its generic version of the drug SENSIPAR® (cinacalcet hydrochloride). SENSIPAR® is a calcimimetic agent, for regulating parathyroid hormone, calcium and phosphorous levels, including in patients with chronic kidney disease and hypercalcemia. The Federal Court held for Mylan finding that Amgen’s patent was not a selection patent and that the patent is invalid for anticipation and obviousness. This is a rare instance of a Canadian patent covering a chemical compound being held invalid on prior art grounds. Moreover, the Federal Court’s finding that the making and testing of 200 compounds was simple and mechanical illustrates that an alleged invention may ultimately be uninventive if it involves verifying predicted properties through routine tests.
Osler Hoskin & Harcourt LLP represented Mylan Pharmaceuticals ULC led by J. Bradley White with a team that included Vincent de Grandpré, Geoffrey Langen, Sam Tekie and Faylene Lunn (Intellectual Property) and Nicole McDonald (articling student).