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PATENTS - Criteria for patent protection - Utility - Doctrine of sound prediction - Invalidity of patent

Friday, June 30, 2017 @ 1:38 PM  

Appeal by AstraZeneca Canada Inc., AstraZeneca Aktiebolag and AstraZeneca UK Limited (collectively, “AstraZeneca”) from a judgment of the Federal Court of Appeal which declared its 2,139,653 patent (“Patent”) invalid for want of utility. AstraZeneca’s Patent claimed the optically pure salts of the enantiomer of omeprazole, esomeprazole. Esomeprazole was a proton pump inhibitor used in the reduction of gastric acid, reflux esophagitis and related maladies. Commercialized under the name NEXIUM, it had been a very successful drug for AstraZeneca. Apotex sought to sell a generic version of...