As discussed above, in May 2012, the Federal Court quantified damages owed to Apotex and Teva pursuant to s. 8 of the NOC Regulations. (Teva decision here, summary here). Both parties appealed, and the FCA dismissed both the appeal and the cross-appeal.
As above, the FCA concluded that the hypothetical world constructed for the purposes of determining s. 8 damages includes the NOC Regulations, except for the purpose of determining the beginning of the liability period. The FCA considered arguments from both sides regarding the date Apotex would have entered the market and dismissed them.