Apotex Inc v Merck & Co
On April 7, 2016, the Supreme Court of Canada dismissed Pfizer Canada’s application for leave to appeal in Pfizer Canada Inc v Teva Canada Limited (SCC Case Number 36772). Pfizer’s application stemmed from a settlement agreement that it had with Ratiopharm for the drug sildenafil (VIAGRA®). Ratiopharm and other generic corporations later amalgamated to form Teva Canada. Teva Canada subsequently commenced section 8 damages proceedings against Pfizer for sildenafil under the Patented Medicines (Notice of Compliance) Regulations. Pfizer objected and argued that its settlement agreement with Ratiopharm precluded its successor, Teva Canada, from claiming section 8 damages.
Apotex Inc v Merck & Co
On April 7, 2016, the Supreme Court of Canada also dismissed Apotex’s application for leave to appeal decision from Apotex Inc v Merck & Co, Inc, 2015 FCA 171 in Apotex Inc v Merck & Co (SCC Case Number 36655). The application for leave resulted from a judgment that found Merck to be entitled to compensatory damages of $119,054,327, plus pre-judgment and post-judgment interest, after Apotex was found to have infringed on Merck’s lovastatin production process patent. For past E-TIPS® Newsletter commentary on the FCA decision, click here.
E-TIPS® ISSUE
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