In a unanimous decision released November 8, 2012, the Supreme Court of Canada cleared the way for an affordable generic version of Pfizer's Viagra to be sold in Canada by Teva Canada Ltd. The decision reaffirms and clarifies the disclosure obligations required of a patentee as the quid pro quo for the state granted patent monopoly. The Supreme Court has provided a clear signal that the patent system is founded on disclosure as the engine of innovation as an essential element of the patent bargain. Sophisticated companies who 'game' the patent system do so at their peril.
Please see the related article written by the Osler lawyers who represented Teva before the Supreme Court.
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