In Glaxosmithkline Inc. v. Apotex Inc., 2003 FCT 687, the Court held that a divisional patent that expired on the same day as the parent was invalid for double patenting on the basis that a second patent can cause additional
injunctions under the Patented Medicines (Notice of Compliance) Regulations and more generally that «that inventive ingenuity was still needed to support the second patent.»
«There already exists a remedy
under the Copyright, Designs and
Patents Act (section 97A) which grants copyright owners a broad power to apply to the Court for an
injunction.