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...
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...
