On May 22, 2020, the Federal Court held that an action under the
amended Patented Medicines (Notice of Compliance)
Regulations (PMNOC Regulations) relating to
saxagliptin (ONGLYZA) would not
be rendered moot by the relevant patent's expiry before trial:
AstraZeneca Canada Inc v Sandoz Canada Inc, 2020
FC 635.
In the underlying action, AstraZeneca seeks a declaration under
section 6(1) of the PMNOC Regulations that Sandoz's
generic saxagliptin product would infringe Canadian Patent No. 2,402,894 (894 patent). Sandoz defended,
alleging that the 894 patent is invalid, not infringed and
ineligible for listing on the Patent Register. The trial was
scheduled for October 2021. As the patent will expire in March
2021, AstraZeneca moved for an Order confirming the action will not
be rendered moot upon patent expiry and in the alternative, asking
the Court to exercise its discretion to hear the case even if moot.
Sandoz did not oppose the motion.
