On April 20 2015, the Supreme Court of Canada (SCC) summarily dismissed Sanofi’s appeal from the judgment of the Federal Court of Appeal (FCA) inSanofi-Aventis v Apotex Inc, 2014 FCA 68. The FCA addressed quantification of damages for Apotex’s delayed market entry of generic ramipril (Sanofi’s ALTACE®) under S. 8 of the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations). This was the first time that the SCC considered monetary compensation to a generic pharmaceutical company for its delayed market entry caused by an innovator wrongly using the PM(NOC) regulatory scheme. It dismissed Sanofi’s appeal substantially for the same reasons of the majority of the FCA (2015 SCC 20). As a result, the law in respect of section 8 damages remains as set out by the majority of the FCA in Sanofi-Aventis v Apotex Inc.
Previous coverage of Sanofi’s SCC leave application in E-TIPS® Newsletter can be found here.
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