Decision

, 2007 FC 696 (Omeprazole*)

Justice Shore - 2007-07-10

Read full decision. Automatically generated summary:

When does the clock start ticking? When do calendar days begin to be counted to determine profits? After an inventor’s patent protection is no longer in effect, when can a generic entity begin to aspire to work towards and collect financial fruits of an orchard left for a newly-claimed harvest and its harvester? That is subject-matter for a trial to decide.

Decision relates to:

  • T-2300-05 - APOTEX INC. v. ASTRAZENECA CANADA INC.
  • A-342-07 - which is an appeal from this decision

 

Canadian Intellectual Property