Topic: Damages

Pharma in Brief: The 2022 Year in Review

Does 2022 already seem like a blur? The Pharma in Brief team is here for you with a summary of some of 2022’s most significant legal and regulatory developments in the Canadian pharmaceutical space. We also flag what to watch out for in 2023. The most significant legislative changes concerned the Patent Act and … Continue reading

ONCA Confirms Generics Limited to Section 8 Damages in the Face of an Innovator’s Legitimate Exercise of Rights under the PM(NOC) Regulations

By Allyson Whyte Nowak, David Yi and Christopher A. Guerreiro on August 25, 2022 Posted in Damages, Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

On August 16, 2022, the Ontario Court of Appeal (ONCA) released its decision in Apotex Inc. v. Eli Lilly Canada Inc., 2022 ONCA 587. The ONCA denied Apotex’s appeal of a lower court summary judgement decision that dismissed Apotex’s novel claims under the UK and Ontario Statutes of Monopolies, the Trademarks Act, and at common law (see … Continue reading

Ontario Superior Court summarily dismisses Apotex’s novel monetary claims under Statutes of Monopolies, Trademarks Act, and at common law

By Morgan Westgate, David Yi and Allyson Whyte Nowak on March 18, 2021 Posted in Damages, Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

On March 8, 2021, the Ontario Superior Court granted summary judgment dismissing novel claims by Apotex under the UK and Ontario Statutes of Monopolies, the Trademarks Act, and at common law. It is the first decision on the merits of Apotex’s novel claims and arises in the context of litigation relating to Eli Lilly’s patented … Continue reading

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

By Judith Robinson and Joanne Chriqui on November 1, 2020 Posted in Damages, Intellectual property, Life sciences and healthcare, Pharmaceuticals and life sciences

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 … 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 … Continue reading