Federal Court Declares Patent for Ramipril Invalid

On June 29, 2009, the Federal Court released its judgment in Sanofi-aventis Canada Inc. et al. v. Apotex Inc., 2009 FC 676. The plaintiffs, Sanofi-aventis and Schering Corporation, had sought a declaration that Apotex Inc. and Novopharm Limited, both manufacturers of generic drug products, infringed Canadian Letters Patent No. 1,341,206 (the ‘206 Patent) by virtue of Apotex and Novopharm's sale of generic ramipril, and further sought damages as a result of the alleged infringement. Ramipril is sold in Canada by Sanofi-aventis under the trade name Altace and is used to treat high blood pressure. Apotex and Novopharm defended the proceeding and sought, amongst other relief, a declaration that the ‘206 Patent was invalid.

In its judgment, the court dismissed the plaintiffs' claim and declared the claims covering ramipril found in the ‘206 Patent invalid, void, unenforceable and of no force or effect and otherwise dismissed the plaintiffs' claims.

A Goodmans LLP team of Harry Radomski, Nando De Luca, Jerry Topolski, Benjamin Hackett and Karen Murdock represented Apotex Inc.

A Heenan Blaikie LLP team of Jonathan Stainsby, Bill Mayo, Mark Davis, Lesley Caswell, Lilly Sormaz and Keya Dasgupta represented Novopharm Limited.

Gunars Gaikis, Sheldon Hamilton, Nancy Pei, Jeremy Want, Junyi Chen and Jeffrey Coles of Smart & Biggar represented the plaintiff, Sanofi-aventis Canada Inc. and Sanofi-aventis Deutchland GmbH.

Anthony Creber and Marc Richard of Gowling Lafleur Henderson LLP represented the defendant, Schering Corporation.