Mylan Pharmaceuticals ULC v. AstraZeneca Canada Inc.

Drug: ARIMIDEX® anastrozole

The Court of Appeal (FCA) upheld the Prohibition Order granted by the Federal Court. A copy of the Federal Court decision can be found here. Our summary of the decision can be found here. The FCA’s decision dealt mainly with construction of the promise of the patent and the allegation of inutility.

At issue in construction was a sentence that read: “It is a particular object of the present invention to provide aromatase inhibitory compounds with fewer undesirable side effects than [AG].” The FCA upheld the Trial Judge’s finding that this was not a promise of the patent but rather was a “forward-looking aim of the invention”. Since the FCA upheld the Trial Judge’s construction of the patent, it dismissed the appeal as the allegation of a lack of utility was not justified.