On June 30, the Supreme Court of Canada (SCC) delivered its highly anticipated decision, AstraZeneca v Apotex, 2017 SCC 36 relating to esomeprazole (NEXIUM). The SCC rejected the "promise doctrine" and clarified the requirement for patent "utility"; it subsequently dismissed Apotex's motion for remand. The Federal Court of Appeal (FCA) applied the SCC's test in its SPRYCEL (dasatanib) decision. Apotex has continued to raise "overpromising" attacks.
Prior to the SCC decision, on March 16, an international arbitration tribunal dismissed Eli Lilly's claims seeking damages from the Government of Canada, asserting that the Canadian courts' application of the promise doctrine to Eli Lilly's STRATTERA (atomoxetine) and ZYPREXA (olanzapine) patents contravened Canada's obligations under NAFTA.
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