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AstraZeneca v. Apotex and FICPI - esomeprazole patent SCC patent infringement

Fasken
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Overview

Client

Confidential Client

On november 8 2016, the Supreme Court of Canada heard oral arguments in AstraZeneca v Apotex and reserved its decision in a case that raises the propriety of the Canadian Federal Courts' "promise doctrine."‎ Throughout the arguments, Fasken Martineau made submissions saying how the promise doctrine and ensuing heightened utility requirement in Canada are a source of great concern for FICPI and other stakeholders. A low threshold for patent utility was then proposed to the Court – one that is consistent with the standard adopted by Canada's major trading partners. Fasken Martineau advise the International Federation of Intellectual Property Attorneys (FICPI).

Team

  • Julie Desrosiers, Partner, Montréal, QC, +1 514 397 7516, jdesrosiers@fasken.com