Publication
Regulation Around the World: Open Finance
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Global | Publication | March 2017
Case: Apotex Inc v AstraZeneca Canada Inc, et al (SCC Docket: 37478)
Drug: LOSEC® (omeprazole)
Nature of case: Appeal from validity and infringement action under the Patent Act, RSC 1985, c P-4 (Patent Act)
Appellant: Apotex Inc. (Apotex)
Respondents: AstraZeneca Canada Inc., AstraZeneca AB and Aktiebolaget Hässle (collectively AstraZeneca)
Date: March 13, 2017
On March 13, 2017, Apotex filed for leave to appeal the Federal Court of Appeal’s (FCA) decision addressing validity and infringement of AstraZeneca’s Canadian Patent No. 1,292,693 (the 693 Patent) (reported here) with the Supreme Court of Canada (SCC).
As we reported, the Federal Court held AstraZeneca’s patent valid and infringed by Apotex’s manufacture, sale, and promotion of Apo-Omeprazole capsules.
On appeal, the FCA upheld the Federal Court’s findings on construction, validity and infringement, and affirmed that a patent need only describe a single method or process for making the claimed invention. However, the FCA overturned the Federal Court’s decision on the applicable limitation periods, and held that, as the 693 Patent is covered by the pre-1989 Patent Act, provincial statutory limitations would apply to any “cause of action arising in that province” instead of the six-year federal limitation period. The FCA also dismissed AstraZeneca’s cross-appeal on punitive damages.
Publication
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Publication
On 3 July 2025 the UK Takeover Panel (Panel) published PCP 2025/1: Dual class share structures, IPOs and share buybacks (Consultation) setting out a proposed framework for the application of the UK Takeover Code (Code) to companies with dual class share structures (DCSS companies).
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2025