For patents that rely upon sound prediction, the utility analysis asks whether the patent specification as filed supports the inventor's prediction, not whether the invention ultimately achieves commercial success. (canadianlawyermag.com)
Similarly, Rennie found Astra could in fact rely on internal tests for sound prediction at para. 141 but in his analysis considered both disclosed and undisclosed tests (at paras. 161, 176, 190). (slaw.ca)
In September 2017, Canada's Federal Court of Appeal (FCA) released its decision in BMS v Apotex Inc, 2017 FCA 190, reversing the Federal Court's (FC) decision (2017 FC 296) that held BMS's dasatinib (SPRYCEL ®) patent invalid for lacking a demonstration or sound prediction of utility as of the Canadian filing date. (dww.com)