Takeda Canada Inc. v. Apotex Inc., 2024 FC 106 (Dexlansoprazole*)
Justice Furlanetto - 2024-02-07
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This case involves a patent infringement action under the Patented Medicines (Notice of Compliance Regulations). The plaintiff, Takeda Canada Inc., claims that the defendant, Apotex Inc., infringes on Canadian Patent No. 2,570,916 related to the drug DEXILANT®, used to treat heartburn and esophagus damage. Takeda alleges that Apotex's oral dose capsules of dexlansoprazole infringe on the asserted claims of the patent. Apotex denies infringement and asserts that the asserted claims are invalid. The court ultimately finds that the action should be dismissed because the asserted claims are not infringed and are invalid for failing to meet the disclosure requirements and to provide proper disclosure of utility.
Decision relates to:
- T-151-22 - TAKEDA CANADA v. APOTEX, TAKEDA PHARMACEUTICAL CO & TAKEDA PHARMA USA