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ARTICLE · 18 MARCH 2015

AstraZeneca’s LOSEC Patent Valid And Infringed By Apotex

Smart & Biggar
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In the past year, a number of major financial institutions have been hit not just once, but twice by federal and state regulators for follow-on regulatory violations, including financial sanctions issues.

CanadaIntellectual Property
Mark Biernacki
Mark Biernacki
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On March 16, 2015, following a 40-day trial in 2014, Justice Barnes of the Federal Court issued a 175-page decision finding certain claims of Canadian Patent No 1,292,693 ("'693 Patent") valid and infringed by Apotex's manufacture, promotion and sale of Apo-Omeprazole capsules in Canada and elsewhere: AstraZeneca Canada Inc et al v Apotex Inc, 2015 FC 322. A separate reference will determine the quantum of Apotex's liability. This reference will be heard together with the reference to quantify AstraZeneca's liability, if any, following the finding of s. 8 liability in Apotex Inc v AstraZeneca Canada Inc, 2012 FC 559, aff'd 2013 FCA 77. One of the issues for determination will be the impact of the infringement finding on any s. 8 liability.

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