Astrazeneca Canada Inc. v. Apotex Inc., 2013 FCA 77 (Omeprazole*)
Justice Blais; Justice Sharlow; Justice Stratas - 2013-03-11
Read full decision. Automatically generated summary:
Astrazeneca Canada Inc. is appealing the judgment of Justice Hughes dated May 11, 2012 (2012 FC 559). The judgment was made in an application by Apotex Inc. for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. After a lengthy hearing, Justice Hughes resolved a number of legal issues before ordering the matter to proceed to the assessment stage. In this appeal, Astrazeneca is challenging only two of the conclusions reached by Justice Hughes. After considering the written submissions of the parties and the oral submissions of Astrazeneca on those two issues, we have concluded that this appeal should be dismissed.
Decision relates to:
- A-187-12 - ASTRAZENECA CANADA INC. v. APOTEX INC. which is an appeal from 2012 FC 559 in T-2300-05