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In squashing validity of 'promise doctrine' top court clarifies patent boundaries | Richard Pound

Tuesday, July 11, 2017 @ 8:56 AM | By Richard Pound

A unanimous decision of the full Supreme Court of Canada drove a stake through the heart of the so-called "promise doctrine."

The background to this appeal (AstraZeneca Canada Inc. v. Apotex Inc. 2017 SCC 36) was the development of a product that reduced the amount of gastric acid in the stomach. AstraZeneca applied for (and was granted) a patent.  Apotex wanted to sell a generic version of the drug and, despite AstraZeneca’s objections, proceeded to do so. AstraZeneca sued Apotex for patent infringement. Apotex counterclaimed, relying...