Seedlings v. Pfizer

We successfully represented Pfizer on this appeal related to a mechanical device patent and Pfizer’s epinephrine auto injector product EpiPen®.

The Federal Court of Appeal upheld the trial judge’s decision on claim construction, anticipation, obviousness, and overbreadth, finding all of the asserted claims invalid. The Federal Court of Appeal agreed with Pfizer that the asserted claims should have also been held invalid on the basis of insufficiency of disclosure. The Court of Appeal also confirmed that the doctrine of overbreadth is a valid ground of invalidity in Canadian patent law.