40 LEXPERT
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2017
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WWW.LEXPERT.CA
Zalmanowitz, QC, Barry Dentons Canada LLP
(780) 423-7344 barry.zalmanowitz@dentons.com
Mr. Zalmanowitz's competition and antitrust practice includes representing
clients in criminal and non-criminal investigations and cases under the
Competition Act, and advocacy in appellate courts. He also represents clients
in compliance with the Investment Canada Act and establishes competition
and antitrust compliance programs and policies.
Zakaib, Glenn M. Borden Ladner Gervais LLP
(416) 367-6664 gzakaib@blg.com
Mr. Zakaib's practice focuses on product liability (drug and medical devices,
automotive and aviation products, industrial/electrical equipment and home
appliances) and class proceedings (product liability, life insurance
and Competition Act claims).
Woods, AdE, James A. Woods LLP
(514) 982-4503 jwoods@woods.qc.ca
Senior partner with nearly 40 years of experience in the fields of litigation
and arbitration. Considered to be one of the best lawyers in Québec and
Canada, he has pleaded before all federal, Québec and Ontario provincial
tribunals, and the SCC. During his career, he has also acted as an arbitrator,
either as president or as a member of a panel, both ad hoc and under
the rules of the ICC.
Wilson, Christopher S. Norton Rose Fulbright
Canada LLP (604) 641-4841 chris.wilson@nortonrosefulbright.com
Mr. Wilson is a prominent Canadian intellectual property litigator. He has
led several precedent-setting trademark and trade secrets (breach of
confidence) actions, and regularly acts in copyright, patent, design and other
IP matters at trial and on appeal. His practice encompasses a wide range
of industries, ranging from retail and consumer products to electronics,
IT and manufacturing.
Williams, Matthew G. Thorsteinssons LLP
(416) 864-9104 mgwilliams@thor.ca
Mr. Williams's practice focuses on all aspects of taxpayer representation.
He has appeared before the Tax Court of Canada, the Federal Court of Canada,
the Federal Court of Appeal, the Ontario Superior Court and the Supreme Court
of Canada on a wide range of issues including tax appeals, tax evasion matters,
CPP/EI appeals, Charter applications and rectification orders.
Williams, David B. Harrison Pensa LLP
(519) 661-6782 dwilliams@harrisonpensa.com
Mr. Williams is considered to be one of Ontario's most respected civil
litigators. A specialist in civil litigation, his practice is focused on personal
injury, medical malpractice, class action and complex commercial litigation
matters. Inducted into the American College of Trial Lawyers, his career has
brought him before the Trial Division, the Court of Appeal and the Supreme
Court of Canada.
LEXPERT-RANKED LAWYERS
Tom Cumming of Gowling WLG (Canada) LLP.
Bennett Jones LLP acted for Orphan Well As-
sociation with a team that included Kenneth Lenz,
QC, and Michael Selnes.
Alberta Energ y Regulator was represented
internally by Patricia Johnston, QC, and Keely
Cameron.
Blake, Cassels & Graydon LLP acted for Alberta
Treasury Branches with a team that included Ryan
Zahara and Chris Nyberg.
e Minister of Justice and Solicitor General of
Alberta was represented internally by Lillian Riczu,
Lisa Semenchuk and Vivienne Ball.
e Attorney General of Canada was represented
internally by Bruce Hughson.
Lawson Lundell LLP represented the Canadian
Association of Petroleum Producers with a team
that included Lewis Manning.
McMillan LLP represented the Canadian Asso-
ciation of Insolvency and Restructuring Profession-
als with a team that included Caireen Hanert and
Adam Maerov.
e Attorney General for Saskatchewan was
represented internally by R. J. Fyfe.
British Columbia (Natural Gas Development)
and the British Columbia Oil and Gas Commission
was represented internally by A. Welch.
ASTRAZENECA CANADA V.
MYLAN PHARMACEUTICALS
DECISION DATE: FEBRUARY 7, 2017
Mylan Pharmaceuticals ULC has invalidated the
Canadian formulation patent relating to the drug
VIMOVO®. In its decision in AstraZeneca Can-
ada Inc. v. Mylan Pharmaceuticals ULC, 2017
FC 142, the Federal Court of Canada found the
claims of Canadian Patent No. 2,449,098 (the
"098 Patent") invalid for obviousness. is de-
cision paves the way for a generic version of the
drug in Canada.
VIMOVO® is a drug currently sold in Canada
by AstraZeneca, under a licence to the 098 Pat-
ent from Pozen (collectively, "Astra"). e drug
contains naproxen (a popular non-steroidal anti-
inflammatory drug, or NSAID) and esomeprazole
(a proton pump inhibitor, or PPI, which protects
the stomach). In VIMOVO®, the esomeprazole is
formulated to release in the body before the naprox-
en. e 098 Patent is directed to this sequential-
release formulation architecture.
Mylan alleged that the 098 Patent was obvious,
for it merely applied a well-known formulation
architecture to a well-known NSAID-PPI com-
bination, using routine means, to achieve the well-
known advantage of reducing gastrointestinal side
effects in patients receiving NSAID co-therapy. As-
tra argued that the prior art taught away from for-
mulating a PPI in this manner, without an enteric
coat, rendering the invention non-obvious.
