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ARTICLE · 06 NOVEMBER 2018

Apotex Not Permitted To Plead Promise-Based Invalidity Grounds In Ontario Section 8 Lansoprazole Action

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This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its generic lansoprazole product ...

CanadaIntellectual Property
Tierney Deluzio
Tierney Deluzio
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This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its generic lansoprazole product (Takeda's PREVACID), due to prohibition applications commenced by Abbott and Takeda. Abbott and Takeda have pleaded patent infringement as a defence to the section 8 claim and have brought a counterclaim for patent infringement. Apotex in turn has challenged the validity of Takeda's patents. As previously reported, the Ontario Superior Court of Justice (2017 ONSC 2348) dismissed a motion for summary judgment brought by Abbott and Takeda and ordered the matter to proceed to a damages trial, scheduled to commence in January 2019.

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