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Federal Court Upholds Patent Validity And Issues Declarations Of Infringement Against Two Generic Apixaban Tablets - Intellectual Property

Canadian Patent No. 2,461,202 (the
202
Patent), which was asserted by Bristol-Myers Squibb Canada
Co. and Bristol-Myers Squibb Holdings Ireland Unlimited Company
(collectively,
BMS). The 202 Patent claims
the active ingredient apixaban and its use for the treatment and
prevention of thromboembolic disorders (blood clots).
Canadian Patent No. 2,791,171 (the
171
Patent), which was asserted by BMS and Pfizer Inc.
(collectively,
BMS & Pfizer). The 171
Patent claims tablet formulations of apixaban.
The Defendants' only non-infringement allegation was that
the asserted claims of each of the patents were invalid.
The 202 Patent: compound and use claims valid and
infringed
Construction. The sole issue with respect
to construction of the asserted claims of the 202 Patent was

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