The Supreme Court of Canada’s three hearings this week are in civil cases, including a patent infringement case, a lawyer’s challenge to his Bar, and a Charter case concerning collective agreements.
November 8 – Federal – AstraZeneca Canada v. Apotex
Civil: The applicants owned a patent for esomeprazole, a proton pump inhibitor used in the reduction of gastric acid, reflux esophagitis and related conditions. It was sold under the name Nexium, and was a very successful product for AstraZeneca. The respondents applied to the Minister of Health to obtain a Notice of Compliance which would allow it to sell its generic version of the drug; AstraZeneca then brought a prohibition application under the Patented Medicines Regulations to prevent Apotex from entering the market until after the expiry of its patent. In 2010, that application was dismissed and Apotex commenced sales of its generic esomeprazole. AstraZeneca brought an action against Apotex for patent infringement, and Apotex counterclaimed to impeach the patent.