Astrazeneca Canada Inc v. Apotex inc, 2014 FC 638 (Esomeprazole*)

Justice Rennie - 2014-07-02

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This action for impeachment of the 2,139,653 patent (the ‘653 patent) and counter-claim for infringement pertains to a compound known as esomeprazole. ... The validity of the ‘653 patent ultimately turns on its proper interpretation, as informed by the following statement: "It is desirable to obtain compounds with improved pharmacokinetic and metabolic properties which will give an improved therapeutic profile such as a lower degree of interindividual variation. The present invention provides such compounds, which are novel salts of single enantiomers of omeprazole. (emphasis added) AstraZeneca contends that this is a mere statement of a hoped for advantage or a goal that the compound may have an “improved therapeutic profile,” and not a promise of such.

Decision relates to:


Canadian Intellectual Property