Law360 Canada ( May 16, 2022, 9:25 AM EDT) -- Appeal by Pharmascience from trial judgment finding the respondents’ 802 Patent was valid and that the appellant’s drug Glatect, a generic version of the respondents’ product Copaxone, would infringe the 802 Patent. The trial judge dismissed Pharmascience’s allegations that the 802 Patent was invalid for obviousness or, alternatively, for lack of utility. Pharmascience argued that the Trial Judge erred regarding the requirement for a proper disclosure by applying the disclosure requirement that was applicable to patents in general and failing to recognize a heightened disclosure requirement applicable to inventions based on sound prediction. Pharmascience also argued that, if the 802 Patent did not fail for lack of utility, it must fail for obviousness. It argued that the 802 Patent did not provide any results of experiments that could form the factual basis for a sound prediction of utility, and therefore the required factual basis and line of reasoning to support a sound prediction must come from the common general knowledge of the person skilled in the art (PSA). Pharmascience argued that, if the common general knowledge was sufficient to support a sound prediction of utility of the invention of the 802 Patent, then the same common general knowledge would make the invention obvious to try, and therefore invalid for obviousness....