Osler successfully represented Mylan Pharmaceuticals in a patent proceeding against pharmaceutical company Takeda to prohibit the Minister of Health from issuing a market authorization (notice of compliance) to Mylan for its generic version of the drug TECTA® (pantoprazole magnesium). TECTA® is a proton pump inhibitor, for lowering gastric acid levels. The Federal Court held for Mylan finding that Takeda’s patent was invalid for inherent anticipation and was not infringed by Mylan’s proposed product. This is the first patent decision in the world relating to this blockbuster drug product and is a rare instance of a Canadian patent being found invalid for inherent anticipation.
Osler Hoskin & Harcourt LLP represented Mylan Pharmaceuticals ULC led by J. Bradley White with a team that included Vincent M. de Grandpré, Geoffrey Langen and Faylene Lunn (Intellectual Property) and Lillian Wallace (articling student).