Federal Court reduces claim for section 8 damages based on defence of ex turpi causa [mevacor® (lovastatin)] *

Canada - June 13 2012
On May 23, 2012, the Federal Court held that Merck Frosst Canada Ltd. (“Merck”) is liable to Apotex Inc. (“Apotex”) for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”), but exercised its discretion to reduce the amount of compensation payable based on a defence of ex turpi causa.

Pharma in brief - Canada: Federal Court of Appeal upholds decisions striking claims for unjust enrichment in section 8 damages actions [evista® (raloxifene); pantoloc® (pantoprazole)] *

Canada - January 9 2012
On December 16, 2011, the Federal Court of Appeal upheld decisions to strike Apotex Inc.’s (“Apotex”) claims for unjust enrichment under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”), in two separate proceedings against Eli Lilly Canada Inc. (“Lilly”), and Nycomed Canada Inc. and Nycomed GmbH (“Nycomed”).