AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | McLachlin, Beverley; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne; Brown, Russell; Rowe, Malcolm |
| Citation | 2017 SCC 36,[2017] 1 SCR 943,147 CPR (4th) 79 |
| Date | 30 June 2017 |
| Court | Supreme Court (Canada) |
| Docket Number | 36654 |
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139 practice notes
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Table of Cases
...Astrazeneca Canada Inc v Apotex Inc, 2011 FC 505 ...................................185, 224 AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36, [2017] 1 SCR 943 ....................................................................... 182, 186, 228 AstraZeneca Canada Inc v Canada (Minister......
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Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...Pulp & Paper, Ltd. (1986), 12 C.P.R. (3d) 193, 9 C.I.P.R. 265 (F.C.A.); AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, [2017] 1 S.C.R. 943; Ciba Specialty Chemicals Water Treatments Limited v. SNF Inc., 2017 FCA 225 , 152 C.P.R. (4th) 239 ; Pollard Banknote Limited v. BABN Techn......
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...is tied to its view of the “promised utility”. Given the recent Supreme Court of Canada decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36, [2017] 1 SCR 943 [AstraZeneca] and the rejection of the “promise of the patent”, Hospira’s argument with respect to sufficiency is based on a......
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Intellectual Property in Canada's Federal Courts: An Empirical Review of Proceedings
...43 ONCA ONSC Copyright Rogers Communications Inc v Voltage Pictures LLC 2018 SCC 38 FCA FC Copyright AstraZeneca Canada Inc v Apotex Inc 2017 SCC 36 FCA FC Patents, PMNOC Google Inc v Equustek Solutions Inc 2017 SCC 34 BCCA BCSC Trademarks* Canadian Broadcasting Corp v SODRAC 2003 Inc 2015 ......
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56 cases
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Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...Pulp & Paper, Ltd. (1986), 12 C.P.R. (3d) 193, 9 C.I.P.R. 265 (F.C.A.); AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36, [2017] 1 S.C.R. 943; Ciba Specialty Chemicals Water Treatments Limited v. SNF Inc., 2017 FCA 225 , 152 C.P.R. (4th) 239 ; Pollard Banknote Limited v. BABN Techn......
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
...is tied to its view of the “promised utility”. Given the recent Supreme Court of Canada decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36, [2017] 1 SCR 943 [AstraZeneca] and the rejection of the “promise of the patent”, Hospira’s argument with respect to sufficiency is based on a......
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...being for the presence of scintilla of utility. The Supreme Court explained at paragraph 55 of AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36, [2017] 1 SCR 943 [AstraZeneca]: The Act does not prescribe the degree or quantum of usefulness required, or that every potential use be realized —......
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Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816
...the patent’s utility by reverting to the promise doctrine, since then abolished by the SCC in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 [AstraZeneca SCC]. He found the reduced side effect profile was not part of the claimed invention, but was merely a result of the invention (at para......
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79 firm's commentaries
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Ontario Court Of Appeal Summaries (November 5 - 9, 2018)
...Abuse of Process, Collateral Attack, Standard of Review, Patent Act, R.S.C. 1985, c. P-4, s. 62, AstraZeneca Canada Inc. v Apotex Inc., 2017 SCC 36, Housen v Nikolaisen, 2002 SCC 33 , Danyluk v Ainsworth Technologies Inc., 2001 SCC 44 , Toronto (City) v C.U.P.E. Local 79, 2003 SCC 63 , M......
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The Best Of The Decade Canadian Patent Law In The 2010s
...utility in the context of the promise doctrine (overturned by the Supreme Court in 2017 - see AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36, discussed below), the Court stated that the first step is to determine if a skilled person would understand the patent to contain an explicit promi......
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The Best of the Decade – Canadian Patent Law in the 2010s
...the promise doctrine (overturned by the Supreme Court in 2017 – see AstraZeneca Canada Inc v Apotex Inc, 16713/i ndex.do" target="_blank">2017 SCC 36, discussed below), the Court stated that the first step is to determine if a skilled person would understand the patent to contain an explic......
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Post-AstraZeneca: Has The Promise Doctrine Vanished From Patent Litigation? Likely, Yes
...the promise doctrine is vanishing from its prominence in Canadian patent litigation. Footnotes 1 AstraZeneca Canada Inc. v. Apotex Inc., [2017] 1 SCR 943, 2017 SCC 36 2 Bristol-Meyers Squibb v. Apotex, 2017 FCA 190; Pfizer Canada Inc v. Apotex Inc, 2017 FC 774; Pfizer Canada Inc v. Teva Can......
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4 books & journal articles
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Table of Cases
...Astrazeneca Canada Inc v Apotex Inc, 2011 FC 505 ...................................185, 224 AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36, [2017] 1 SCR 943 ....................................................................... 182, 186, 228 AstraZeneca Canada Inc v Canada (Minister......
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Intellectual Property in Canada's Federal Courts: An Empirical Review of Proceedings
...43 ONCA ONSC Copyright Rogers Communications Inc v Voltage Pictures LLC 2018 SCC 38 FCA FC Copyright AstraZeneca Canada Inc v Apotex Inc 2017 SCC 36 FCA FC Patents, PMNOC Google Inc v Equustek Solutions Inc 2017 SCC 34 BCCA BCSC Trademarks* Canadian Broadcasting Corp v SODRAC 2003 Inc 2015 ......
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The Patented Medicines (Notice of Compliance) Regulations
...of invalidity of Canadian Patent No 2,139,653 (653 patent) were justiied, versus the result in AstraZeneca Canada Inc v Apotex Inc , 2017 SCC 36, where, in the context of an action under the Patent Act , the 653 patent was found to be valid. 111 See above note 101. 112 See, for example, Amg......
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Patenting of Pharmaceutical Products
...also creates an entity known as 28 his debate was largely settled by the Supreme Court of Canada in AstraZeneca Canada Inc v Apotex Inc , 2017 SCC 36 [ AstraZeneca v Apotex ], determining that the so-called Promise Doctrine, upon which a number of patents were declared invalid by the Federa......