The Supreme Court of Canada today heard oral arguments in AstraZeneca v Apotex and reserved its decision.
In a case that raises the propriety of the Canadian Federal Courts' "promise doctrine," AstraZeneca appeals from a decision invalidating its Patent No. 2,139,653 under this doctrine (2015 FCA 158, affirming 2014 FC 638).
In addition to hearing from the parties, the Court heard submissions from four of the seven interveners (Innovative Medicines Canada and BIOTECanada (jointly), Fédération internationale des conseils en propriété intellectuelle (FICPI), and the Centre for Intellectual Property Policy (CIPP)). The Canadian Generic Pharmaceutical Association (CGPA), Intellectual Property Owners Association (IPO) and the Intellectual Property Institute of Canada (IPIC) also filed written submissions.