Apotex Inc. v. Pfizer Inc., 2017 FCA 201 (Latanoprost*)

Justice Stratas; Justice Gauthier; Justice Boivin - 2017-10-02

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This is an appeal of the decision of Diner J. of the Federal Court dismissing Apotex Inc.’s (Apotex) motion for partial summary judgment. Apotex contended that the respondents’ failure to pay the proper application fee for the issuance of Canadian Patent No. 1,339,132 (the 132 Patent) invalidated the patent. The Federal Court disagreed: 2016 FC 136, [2017] 1 F.C.R. 3. Apotex appeals.

Decision relates to:


Canadian Intellectual Property