Federal Court of Appeal Applies Supreme Court's Utility Test to SPRYCEL Patent

Federal Court of Appeal Applies Supreme Court's Utility Test to SPRYCEL Patent

In its first decision to consider the Supreme Court of Canada's landmark decision in AstraZeneca Canada Inc v Apotex Inc , 2017 SCC 36 [ Esomeprazole ] on the utility requirement, the Federal Court of Appeal has overturned a finding of inutility made under the promise doctrine, with practical guidance for the requirement of a scintilla of utility: Bristol-Myers Squibb v Apotex , 2017 FCA 190 . The compound dasatinib is sold by Bristol-Myers Squibb as SPRYCEL, a drug used in the treatment of chronic myelogenous leukemia .

from Biotech News