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Canada's Supreme Court Tosses Viagra Patent For Vagueness 100

Posted by samzenpus
from the be-specific dept.
Freshly Exhumed writes "In a 7-to-0 decision, the Supreme Court Of Canada has ruled that Pfizer Canada Inc.'s patent on well-known erectile dysfunction remedy Viagra is now invalid due to insufficient information in Pfizer's patent application. The upshot is that competitors can now manufacture cheaper, generic versions of Viagra for sale in Canada."
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Canada's Supreme Court Tosses Viagra Patent For Vagueness

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  • Fantastic (Score:5, Insightful)

    by Tragek (772040) on Thursday November 08, 2012 @10:11PM (#41927597) Journal

    My favourite part of the whole thing:

    Writing for a unanimous court, Mr. Justice Louis LeBel said that the quid pro quo of patent legislation dictates that inventors can have an exclusive monopoly on a product provided they forthrightly disclose how it operates.

    "If there is no quid – proper disclosure - then there can be no quo – exclusive property rights," he said.

    Damn straight.

  • Software next (Score:5, Insightful)

    by EmperorOfCanada (1332175) on Thursday November 08, 2012 @10:13PM (#41927613)
    Now if the US supreme court could apply the same level of common sense and justice to the software patent problem it would be a real turn on (I couldn't help myself).

    It looks like this decision is that a greedy company tried bending the rules and were punished. Normally the sense that I get from situations like these that such judgements don't happen because of the whole corporations are the backbone of the country crap so the punishments are usually a tiny portion of the profits from the misbehavior. To lose the viagra patent ought to deflate their profits in Canada (still can't stop).

    This is the magical aspect of modern corporations they think that it is somehow good to work every angle, to twist every law, and bend every regulation. It is almost as if they feel bad about themselves if they aren't screwing someone somehow. This is a perfect case in point. Viagra is the wet dream of any big Pharma (on a roll now) a normal patent would have been solid and made them bazillions of dollars; but no they had to squeeze another nickle or dime out of the patent so they risked it all. Viagra also fell into their lap as it was a crappy heart drug that had an interesting side effect. If I were a major shareholder I would demand that the company reevaluate itself to see if a more ethical approach would result in less overall risk.

Stupidity, like virtue, is its own reward.

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