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.
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