Supreme Court of Canada Hears AstraZeneca’s NEXIUM Appeal on the Promised Utility Doctrine

On November 8, 2016, the Supreme Court of Canada heard oral arguments and reserved its decision in AstraZeneca Canada Inc v Apotex Inc (SCC Case: 36654, esomeprazole – NEXIUM®, the Federal Court of Appeal decision previously reported in E-TIPS Newsletter here).  Key issues raised at the hearing included whether a promised utility doctrine exists and, if yes, how to construe the promised utility. A webcast of the hearing can be accessed here.

Summary By: Junyi Chen

ETips Issue

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