Astrazeneca Canada Inc. v. Sandoz Canada Inc.,, 2020 FC 635 (Saxagliptin*)
Justice O'Reilly - 2020-05-22
Read full decision. Automatically generated summary:
The plaintiff, Astrazeneca, began this action against the defendant, Sandoz, after Sandoz filed a Notice of Allegation against Astrazeneca alleging non-infringement, invalidity, and ineligibility in respect of Astrazeneca’s patent for saxagliptin tablets sold under the brand name ONGLYZA (Canadian Patent No 2,402,894). In its action, Astrazeneca seeks a declaration that Sandoz would infringe the ‘894 patent, relying on s 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (Regulations). The trial of this action is scheduled for 10 days in October 2021. However, the ‘894 patent will expire before that, on March 5, 2021. In this motion, Astrazeneca seeks an Order confirming that its infringement action will not be rendered moot on the expiry of the patent. In the alternative, Astrazeneca urges the Court to exercise its discretion to decide the issue of infringement even if it is moot. Sandoz does not oppose the motion. I agree with Astrazeneca that the issue of infringement is not moot, even though it will be determined after the patent’s expiry. Even if it were moot, the circumstances justify deciding the issue.
Decision relates to:
- T-28-20 - ASTRAZENECA CANADA INC. ET AL v. SANDOZ CANADA INC.