AstraZeneca Aktiebolag v. Apotex Inc., 2018 FC 185 (Esomeprazole*)
Justice Locke - 2018-02-16
Read full decision. Automatically generated summary:
The plaintiffs’ motion seeks a declaration that the defendants have infringed the 653 Patent, and directing the quantification of their damages or the defendants’ profits by a reference. The reference would concern infringement of the 653 Patent and the 994 Patent (this patent is now the subject of a separate declaration of infringement that was included in my Section 8 Decision), and would include consideration of any experimental and regulatory use exemptions as well as determination of rates and terms of pre-judgment and post-judgment interest. The plaintiffs also seek a declaration that they are entitled to elect between their damages and the defendants’ profits after discovery. The plaintiffs also seek dismissal of the defendants’ counterclaim. Finally, the plaintiffs request that the trial of the reference be scheduled for 15 days in February, March or April 2020. The defendants oppose the plaintiffs’ motion and make their own motion seeking to re-open the trial that began in May 2017 to permit the question of overpromising in the 653 Patent to be adjudicated in light of the SCC’s Decision.
Decision relates to:
- T-1668-10 - ASTRAZENECA CANADA INC. ET AL v. APOTEX INC.
- A-72-18 - which is an appeal from this decision