Supreme Court of Canada dismisses Apotex’s application for leave to appeal in non-infringing alternatives defence saga
Canadian Intellectual Property Blog
SEPTEMBER 24, 2020
For a non-infringing alternatives defence to be successful, each component of the test for the defence must be established. In Apotex Inc. and Apotex Pharmachem Inc. v. ADIR and Servier Canada Inc. (F.C.) (Civil) (By Leave) the Supreme Court of Canada (“SCC”) dismissed an application for leave to appeal brought by Apotex Inc. and Apotex Pharmachem Inc.
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