AstraZeneca Canada Inc et al v Apotex Inc,, 2015 FC 322 (Omeprazole*)

Justice Barnes - 2015-03-16

Read full decision. Summary prepared by Alan Macek:

In this trial decision relating to Omeprazole, Justice Barnes found claims of the patent at issue CA1,292,693, valid and infringed. A key issue was the construction of claim 1 and particularly the meaning of terms relating a "subcoating" layer, an issue addressed in an earlier PM(NOC) application (2003 FCA 409) and in US proceedings. On prior art, the Court found the claims not anticipated or rendered obvious. The Court also considered issues of overbreadth, inutility and ambiguity. For infringement, the Court addressed the testing done by the parties and concluded there was infringement and inducing infringement. The Court declined to apply foreign issue estoppel and dismissed claims of punitive damages for deception. The Court allowed AstraZeneca an election as to profits in a subsequent reference.

Decision relates to:


Canadian Intellectual Property