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As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
On June 30, the Supreme Court of Canada (SCC) delivered its highly anticipated decision, AstraZeneca v Apotex, 2017 SCC 36 relating to esomeprazole (NEXIUM).
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.
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
directly.
