Astra's
esomeprazole patent was found invalid for inutility in any event because certain promises were not made out even with confidential inhouse tests (paras. 214, 215, 367).
Not exact matches
Canada's
patent utility requirements and the workability of the promise doctrine are currently before the Supreme Court of Canada in AstraZeneca Canada Inc v Apotex Inc, in litigation over the validity of Astrazeneca's
patent for the acid reflux medicine Nexium (
esomeprazole).
The
patent related to the «optically pure salts of
esomeprazole,» which helps people with issues like gastric acid.
Civil: The applicants owned a
patent for
esomeprazole, a proton pump inhibitor used in the reduction of gastric acid, reflux esophagitis and related conditions.
Although the SCC has recently granted leave in Astra's
esomeprazole action [12], both parties have acknowledged in their leave materials that the disclosure requirement is not determinative in this case (as the lower court held there was no sound prediction of the promised utility relying on material in the
patent as well as Astra's internal tests).