In a unanimous decision, the Supreme Court held today that the promise doctrine is not the correct approach to determine whether a patent has sufficient utility. As a result, the lower court decisions finding the patent at issue directed to Esomeprazole/Nexium invalid for want of utility, were set aside.
The Supreme Court of Canada granted leave today in AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. (Esomeprazole), which considers, among other things, the promised utility doctrine in Canada. More details below.
Nine entities have filed amicus curiae applications in Eli Lilly’s NAFTA arbitration proceeding relating to the ‘promise doctrine’. The entities include industry associations, and academics.