Topic: Damages

Finality, finally: Adir and Servier Canada Inc. confirm their perindopril win

The 14 year perindopril litigation in Canada is over, with Adir and Servier Canada Inc. (collectively “Servier”) emerging victorious against Apotex Inc. and Apotex Pharmachem Inc. (collectively “Apotex”). The end was marked by the Supreme Court of Canada’s dismissal of Apotex’s application for leave to appeal a decision requiring it to disgorge its profits associated with infringement of Servier’s patent.

Judith Robinson and Joanne Chriqui of Norton Rose Fulbright Canada are proud to have successfully represented Servier at all levels of this hotly contested litigation.

The first chapter was a 2008 trial judgment upholding the validity … Continue Reading

Federal Court reinstates damages decision concerning prejudgment interest

By Colin Hyslop, David Yi and Allyson Whyte Nowak on January 15, 2020 Posted in Damages

The Federal Court has vindicated Lilly, reinstating a patent infringement damages decision that awarded Lilly prejudgment interest equal to its average annual rate of return during the interest earning period, on a compound basis. It found that Lilly’s real-world rate of return was convincing evidence of both what could have and what would have occurred in the but-for world.

Background

This was a redetermination of the prejudgment interest portion of damages awarded to Eli Lilly and Company and Eli Lilly Canada Inc. (collectively, Lilly) for patent infringement by Apotex Inc. (Apotex) in respect of Lilly’s drug cefaclor. … Continue Reading