Mylan Pharmaceuticals ULC

Federal Court rules in favour of Mylan Pharmaceuticals ULC in an anti-inflammatory combination drug patent case


Mylan Pharmaceuticals ULC




Intellectual Property

Date Closed

February 2017

Lead Office



Osler successfully represented Mylan Pharmaceuticals ULC in a patent proceeding brought by pharmaceutical company AstraZeneca. On February 7, 2017, the Federal Court of Canada issued a decision in AstraZeneca Canada Inc. v Mylan Pharmaceuticals ULC, 2017 FC 142 that invalidated the Canadian formulation patent relating to VIMOVO®, an anti-inflammatory combination drug.

The Federal Court held for Mylan finding that AstraZeneca’s patent was invalid for obviousness. This is the first court decision in the world relating to this drug product and is a rare instance of a Canadian patent covering a new drug formulation being found invalid for obviousness. Similar patents are currently being litigated in the United States.

As a result of the decision, Canadian patients will be the first in the world to benefit from a generic version of this drug.

Osler, Hoskin & Harcourt LLP represented Mylan Pharmaceuticals ULC led by J. Bradley White with a team that included Nathaniel Lipkus, Carina De Pellegrin and Rebecca Stiles.