Smart & Biggar is pleased to announce that the firm was recognized with a Canadian IP Impact Case of the Year award at the 2017 LMG Life Sciences Awards held at Essex House in New York September 13, 2017.
Together with Denise Lacombe, Legal Director from AstraZeneca, the award was accepted by co-counsel Gunars Gaikis and Yoon Kang for their role in AstraZeneca Canada Inc v Apotex Inc.
As previously reported the case was heard before the Supreme Court of Canada regarding patent infringement of esomeprazole (NEXIUM). The Court's decision resulted in the rejection of the "promise doctrine" and it clarified the requirement for patent "utility" in Canada. The decision represents an important victory for innovators seeking protection in Canada, and is especially welcome in the highly litigated area of pharmaceutical patents.
The LMG Life Sciences Awards recognizes the year's top firms and legal professionals operating in the life science market. The awards are based on research conducted for the 2017 edition of LMG Life Sciences. The awards recognizing achievements in intellectual property will be featured in a special section of LMG's October edition of Managing IP Magazine.