I have just posted a revised version of my draft paper on
Overbreadth In Canadian Patent Law. In
the earlier version I had somehow overlooked Apotex v AstraZeneca 2017 FCA 9, a key FCA
decision on the “roads to Brighton” problem. That section of the paper is re-written, but my
overall conclusions are not changed; on the contrary, Apotex v AstraZeneca strengthens my view
that overbreadth is not required as an independent ground of invalidity
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