Apotex Inc. v. Astrazeneca Canada Inc., 2017 FCA 9 (Omeprazole*)
Justice Pelletier; Justice Gauthier; Justice Scott - 2017-01-12
Read full decision. Automatically generated summary:
Apotex Inc. (Apotex) appeals the decision of Justice Barnes of the Federal Court (2015 FC 322) as finally amended on July 15, 2015 (2015 FC 671). In its decision, the Federal Court found that certain claims (Claims 1, 5, 6, 13 and 19) of the Canadian Patent 1,292,693 (the 693 Patent) were valid and had been infringed by Apotex. ... I agree with Astra that this appeal, as well as the cross-appeal, involve no new principles of law and turn on their own facts. For the reasons that follow, in my view, the Federal Court made no reviewable errors in respect of the construction of the claims at issue and in concluding that these claims were valid. With respect to limitation period, I believe that with respect to the Federal Court file no. T 1890-11, the Federal Court erred in failing to properly consider whether a provincial time period shorter than six years did apply to some infringing activities of Apotex (see paragraphs 114-118,125 and 126 below). Finally, I believe that the cross-appeal should be dismissed.
Decision relates to:
- A-201-15 - APOTEX INC. v. ASTRAZENECA CANADA INC.ET AL which is an appeal from 2015 FC 322 in T-1409-04
- T-1446-93 - AB HASSLE AND ASTRA PHARMA INC v. MINISTER OF NATIONAL HEALTH AND WELFARE