Regardless of the outcome, the case raises an important legal question: how can a firm like Apotex bring a generic drug to market when others own a perfectly valid patent for it?

不管最后结果如何，该案例引发了一个重大的法律问题：象Apotex这样的仿制药品怎么会闯入别人拥有完全有效专利认可的药品市场呢？

youdao

He filed for the patent in 1992 and it was granted in 1999, making it valid for at least another 15 years.

Abelow在1992年申请了专利，1999年被批准。该专利至少在未来15年都是合法的。

youdao

If the valid duration of the patent right expires or the patent right is declared invalid, the patentee may not conclude a patent exploitation license contract relating to that patent with others.

专利权有效期限届满或者专利权被宣布无效的，专利权人不得就该专利与他人订立专利实施许可合同。

youdao

But he notes that people are less likely to regard business methods as a valid subject of patent protection.

FORBES: How To Protect Your Business From Copycats

Must be, otherwise no one could have a patent valid in 2012 for something that has been around since 1972.

FORBES: Did Steve Jobs Get That List Scrolling Bounce Back Patent From Atari?

And if a patent is valid, the branded producer has a right to deny the generic drug maker access to the market until that patent expires.

FORBES: The Times Reproduces The FTC's Flawed Position On Drug Patent Settlements