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.
