Astrazeneca Canada Inc. v. Apotex inc., 2017 FC 378 (Omeprazole*)
Justice Barnes - 2017-04-19
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This patent infringement proceeding has been underway in this Court since 2004. A liability determination was rendered in favour of the Plaintiffs [AstraZeneca] on March 16, 2015 and substantially upheld on appeal on January 12, 2017; see AstraZeneca v Apotex, 2015 FC 322, 252 ACWS (3d) 567, aff’d in part 2017 FCA 9, [2017] FCJ No 22 (QL). The quantification phase is presently being tried before me in Toronto. The presentation of evidence commenced on February 14, 2017 and only final argument remains outstanding. Numerous fact and expert witnesses have testified on behalf of the parties and the evidence has closed on the present pleadings. Nevertheless, Apotex seeks to further amend its Fresh as Amended Responding Statement of Issues in these proceedings by adding a new non-infringing alternative [NIA] ... Applying the above considerations to the circumstances relevant to this motion, I am not prepared to grant relief to Apotex. The complications arising from Apotex’s failure to raise this NIA issue in a timely way are simply too profound to be remedied by monetary relief.
Decision relates to:
- T-1409-04 - ASTRAZENECA CANADA INC. ET AL v. APOTEX INC.
- T-1890-11 - ASTRAZENECA AB ET AL v. APOTEX INC.