Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld

by Lynn Ing

The Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the validity of AstraZeneca’s Patent No. 1,292,693. The patent covered AstraZeneca’s successful product, LOSEC, for inhibiting gastric acid secretion and treating gastrointestinal diseases such as stomach ulcer.

The Court of Appeal dismissed AstraZeneca’s cross-appeal for punitive damages arising from Apotex’s conduct in earlier PMNOC proceedings.

AstraZeneca was represented by Smart & Biggar’s Gunars Gaikis, Nancy Pei, and Lynn Ing.

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