On March 13, 2017, Apotex filed for leave to appeal the
Federal Court of Appeal's (FCA) decision addressing validity and infringement
of AstraZeneca's Canadian Patent No. 1,292,693 with the Supreme Court of Canada.
The Federal Court on March 16, 2015, held AstraZeneca's
patent valid and infringed by Apotex's manufacture, sale, and promotion of
Apo-Omeprazole capsules. Apotex appealed to FCA.
On appeal, the FCA on January 12, 2017, upheld the Federal
Court's findings on construction, validity and infringement, and affirmed that
a patent need only describe a single method or process for making the claimed
invention. The FCA also dismissed AstraZeneca's cross-appeal on punitive
damages.
No comments:
Post a Comment