Case:  Apotex Inc v AstraZeneca Canada Inc, et al (SCC Docket: 37478)

Drug: LOSEC® (omeprazole)

Nature of case: Appeal from validity and infringement action under the Patent Act, RSC 1985, c P-4 (Patent Act)

Appellant:  Apotex Inc. (Apotex)

Respondents: AstraZeneca Canada Inc., AstraZeneca AB and Aktiebolaget Hässle (collectively AstraZeneca)

Date:  March 13, 2017


Summary

On March 13, 2017, Apotex filed for leave to appeal the Federal Court of Appeal's (FCA) decision addressing validity and infringement of AstraZeneca's Canadian Patent No. 1,292,693 (the 693 Patent) (reported here) with the Supreme Court of Canada (SCC).

As we reported, the Federal Court held AstraZeneca's patent valid and infringed by Apotex's manufacture, sale, and promotion of Apo-Omeprazole capsules.

On appeal, the FCA upheld the Federal Court's findings on construction, validity and infringement, and affirmed that a patent need only describe a single method or process for making the claimed invention. However, the FCA overturned the Federal Court's decision on the applicable limitation periods, and held that, as the 693 Patent is covered by the pre-1989 Patent Act, provincial statutory limitations would apply to any "cause of action arising in that province" instead of the six-year federal limitation period. The FCA also dismissed AstraZeneca's cross-appeal on punitive damages.

Links:


About Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.

Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.

For more information about Norton Rose Fulbright, see nortonrosefulbright.com/legal-notices.

Law around the world
nortonrosefulbright.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.