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Viagra patent not valid: Top court

Written by: Jessica Hume, QMI Agency
Nov. 8, 2012

Viagra. (CNW/Pfizer/HO)


OTTAWA - In a unanimous vote Thursday, the Supreme Court decided Pfizer's claim to a patent on erectile-dysfunction drug Viagra was invalid, opening the door to allow Teva Canada Ltd. to produce a generic version of the drug.

Teva Canada brought its case to Canada's top court last April, saying Pfizer did not provide a ingredient list detailed enough to qualify for a patent. Specifically, it didn't clearly identify the active ingredient - sildenafil - in its patent application, rendering its patent void.

"Obviously Pfizer made the conscious choice not to disclose the identity of the only compound found to work," according to the court's judgement. "This is contrary to the statutory requirement to fully disclose the invention."

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