Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients.
Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights.
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.
Justice Locke also held that AstraZeneca was entitled to a declaration of infringement and ordered the quantification of AstraZeneca's damages or Apotex's profits.
After the Supreme Court of Canada (SCC) held
that AstraZeneca's patent relating to
esomeprazole (NEXIUM) was not
invalid for inutility (see SCC strikes down "promise doctrine")
and the SCC's dismissal of Apotex's post-judgment motion
for reconsideration and rehearing (see Update on AstraZeneca SCC), Apotex sought to
raise new grounds of patent invalidity in the Federal Court,
premised on "overpromising" under insufficiency, wilful
misleading and overbreadth. Justice Locke dismissed Apotex's
motion (AstraZeneca v Apotex, 2018 FC 185): the validity of the patent was
finally decided by the SCC; any doubt that might have remained
about the SCC's intent was resolved by the SCC's dismissal
of Apotex's motion. Justice Locke also held that AstraZeneca
was entitled to a declaration of infringement and ordered the
quantification of AstraZeneca's damages or Apotex's
profits. Apotex has appealed.
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.
