Astrazeneca Canada v. Apotex

Drug: ompeprazole

AstraZeneca appealed the decision of the Trial Judge with respect to liability for damages pursuant to s. 8 of the NOC Regulations (decision here, our summary here). Two factual questions were at issue on appeal: whether it was relevant that Astrazeneca had sued Apotex for infringement and that trial had not yet been completed; and whether it was relevant that Apotex intended to manufacture its product at a site other than the one mentioned in its pending regulatory submission.

The Trial Judge held that at the time the infringement case was heard, the Court could then craft an appropriate remedy taking into account any compensation award in these proceedings. Furthermore, Apotex could have manufactured its product at either of the two facilities, so the change in location was not relevant. The Court of Appeal upheld these findings.

The Trial Judge held that at the time the infringement case was heard, the Court could then craft an appropriate remedy taking into account any compensation award in these proceedings. Furthermore, Apotex could have manufactured its product at either of the two facilities, so the change in location was not relevant. The Court of Appeal upheld these findings.