Novartis Pharmaceuticals Canada Inc. v. Zydus Lifesciences Limited, 2026 CanLII 47875 (Sacubitril*)
Justice Furlanetto - 2026-05-19
Read full decision. Automatically generated summary:
This is an action under subsection 6(1) of the PM(NOC) Regulations involving two patents and the medicine sacubitril-valsartan. The Defendant Zydus seeks to bring a motion for summary trial on the issue of infringement involving one of the patents. … I have considered the arguments made by the parties and am satisfied that the issue raised by Zydus is appropriate for summary trial, that a summary trial has the potential to save the parties time and cost overall, and that there is a likelihood of overall efficiencies to be gained by proceeding with the summary trial. … As submitted by Zydus, once expired, the 511 Patent only remains relevant if Zydus is successful with respect to the 598 Patent, the Zydus Product is approvable before the expiry of the 511 Patent, and Zydus brings a claim pursuant to section 8 of the PMNOC Regulations. … Moreover, even if the above conditions were met, once the 511 Patent expires and if Zydus were successful on summary trial, there would be no impediment to Zydus entering the market and any issues relating to the 511 Patent could be dealt with outside the statutory 24?month time-period.
Decision relates to:
- T-846-26 - Novartis Pharmaceuticals Canada Inc. et Al. v. Zydus Lifesciences Limited