Apotex v. Sanofi: SCC Softens Canadian Obviousness Test
November 10th, 2008
Yesterday, Jeremy Barretto canvassed the SCC’s most recent decision (2008 SCC 61) concerning selection patents. Since Jeremy already surveyed the facts, procedural history, and analyses of the case, I will focus today on the issue of obviousness, noting some distinctions between the obviousness standard set out in the Apotex decision with the latest American decision [...]



