Tomorrow will be an eventful and very interesting day – especially for Canadian IP and trade lawyers, a wide variety of other lawyers, as well as Canadian diplomats, politicians and bureaucrats.
On Tuesday, November 8, 2016, Election Day in the USA, the Supreme Court of Canada (“SCC”) will hear a patent case between AstraZeneca Canada Inc., et al. v. Apotex Inc., et al. This involves the issue of “whether a promised utility doctrine properly exists”, in the words of the SCC’s summary of the case, which is not “official” and “are placed on the Court file and website for information purposes only”. Here is the full SCC summary: