IP Update

AstraZeneca succeeds in omeprazole patent infringement profits case

by Urszula Wojtyra

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in AstraZeneca v Apotex Inc 2017 FC 726.

AstraZeneca elected an accounting of Apotex’s profits after Justice Barnes found the omeprazole formulation patent valid and infringed during the liability phase (reported here). The parties had substantially settled many of the quantification issues relating to Apotex’s profits, leaving four issues for the Court to decide following a 28-day trial – all of which were decided in AstraZeneca’s favour.

AstraZeneca was successfully represented by a trial team from Smart & Biggar, including Nancy Pei, Mark Biernacki, J. Sheldon Hamilton, Urszula Wojtyra, Abigail Smith, Paul Jorgenson and Brandon Heard.

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