Apotex Inc. v. Abbott Laboratories Limited, 2018 ONSC 7736


Read full decision. Summary prepared by Alan Macek:

"These are two motions, both brought by the defendants, to amend their pleadings. ... The substance of the amendment Abbott/Takeda propose would establish as an issue for trial the proposition that the infringement of [a third party patent] would be unlawful, that an alternative that relies on such infringement cannot be dealt with as a non-infringing alternative and cannot serve to save Apotex from the impact of any infringement on the [patent at issue]."


Canadian Intellectual Property