IP Update

Supreme Court of Canada strikes
down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful

by Lynn Ing

The Supreme Court of Canada today delivered an important and highly anticipated decision, AstraZeneca Canada Inc v Apotex Inc, by rejecting the “promise doctrine” and clarifying the requirement for patent “utility” in Canada. The unanimous decision represents an important victory for innovators seeking protection in Canada, and is especially welcome in the highly litigated area of pharmaceutical patents.

AstraZeneca was successfully represented before the Supreme Court of Canada by Gunars A Gaikis, Yoon Kang and Lynn Ing of Smart & Biggar.

To learn more, click here »

Connect with us:

    Follow @smartbiggar  Follow Smart & Biggar

Smart & Biggar named the 2017 “Canadian IP Litigation Firm of the Year” by Benchmark Canada for the third consecutive year.

Read more »

Smart & Biggar was awarded the Milestone Case of the Year for North America and named Canadian Trademark Contentious Firm of the Year by Managing Intellectual Property.

Read more »

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

Smart & Biggar/Fetherstonhaugh

Smart & Biggar/Fetherstonhaugh

If you do not wish to receive future mailings of this kind (seminar invitations, greeting cards, notification of legal developments), please access the Manage Your Subscription link below to unsubscribe and to manage your settings.