Drug: omeprazole

The parties moved under Rule 397 to modify the terms of the judgment in the proceeding, previously reported as 2015 FC 322 and summarized in our newsletter the week of April 13, 2015.

The judgement refers to Apotex’s infringing composition as “Apo-Omeprazole”, which is the trade name for Canada. To avoid any confusion that the judgment may have intended to limit AstraZeneca’s claims to damages solely to Canada, the Court replaced “Apo-Omeprazole” with “its Omeprazole capsule products, including its coated Omeprazole pellets”.

Other changes included the mention of AstraZeneca’s right to elect profits or damages, the dismissal of the claim to punitive damages, and providing that the determination of any interest paid will be left to the consolidated hearing Judge.