Astrazeneca Canada Inc. v. Apotex Inc.

Drug: NEXIUM esomeprazole

This was a motion for an interlocutory injunction. The Court first dealt with a motion by AstraZeneca to strike an affidavit filed by Apotex. The Court dismissed the motion. The Court then addressed a motion by Apotex to file a supplementary affidavit. The Court allowed the affidavit to be filed. The Court also made observations about certain arguments made by the parties, "in the interest of discouraging similar statements and certain related hyperbole in the future."

With respect to the motion for an injunction, after setting out the tri-partite test, the Court found that there is a serious issue to be tried. After reviewing the evidence and the arguments made, the Court held that AstraZeneca failed to demonstrate irreparable harm. Further, the Court concluded that AstraZeneca had not demonstrated that the balance of convenience favoured AstraZeneca. The Court dismissed the motion.

Finally, the Court considered a request by AstraZeneca for confidentiality of certain parts of the reasons provided by the Court. The Court maintained the confidentiality of certain information.