Apotex Inc. v. H. Lundbeck A/S

Action instituted by Apotex seeking a declaration of invalidity of Canadian patent no. 1,339,452 covering escitalopram on the grounds of anticipation, obviousness, inutility and insufficient disclosure. During this case : Lundbkeck answered with a counterclaim in infringement of the patent; The action instituted by Apotex was dismissed; The Counterclaim was granted; Apotex was condemned to an accounting of profits; Apotex appeal was discontinued. Lundbeck was advised in these proceedings by a team from Fasken Martineau that included Marie Lafleur, Julie Desrosiers and Christian Leblanc. For more information, see 2013 FC 192.