The Supreme Court has dismissed Pfizer's leave to appeal in Pfizer Canada Inc., et al. v. Teva Canada Limited (36772). The Supreme Court has provided the following summary of the case:
The applicant Pfizer Canada Inc. is a pharmaceutical company authorized to sell sildenafil citrate tablets in Canada under the name VIAGRA®, and the other applicants are affiliated companies (collectively, "Pfizer"). The respondent Teva Canada Limited ("Teva") is a pharmaceutical company which was called Novopharm Limited before February 2010. In August 2010, Teva and ratiopharm Inc. ("ratiopharm"), along with a few other companies, amalgamated under s. 185 of the Canada Business Corporations Act, R.S.C. 1985, c. C-44. The amalgamated company continued as Teva.
In 2012, following the dismissal of an application by Pfizer for a prohibition order relating to Teva's generic version of VIAGRA®, Teva-Sildenafil (formerly Novo-Sildenafil), Teva brought an action against Pfizer for damages under s. 8 of thePatented Medicines (Notice of Compliance) Regulations, SOR/93-133, seeking to recover the losses it allegedly suffered from Teva-Sildenafil's delayed entry into the market. Pfizer brought a motion for summary judgment, on the basis that Teva's action was barred by an agreement between Pfizer and ratiopharm Inc., entered into before the amalgamation, settling proceedings related to ratiopharm's generic version of VIAGRA®, ratio-Sildenafil. Teva also brought a motion for summary judgment, alleging that use of the agreement to preclude the action was not a genuine issue for trial.
Apotex Inc., et al. v. Merck & Co. Inc. (36655) — dismissed
The Supreme Court has dismissed Apotex's leave to appeal from Apotex Inc. v. Merck & Co., Inc., 2015 FCA 171. The Supreme Court has provided the following summary of the case:
The respondents (collectively, "Merck") own the product-by-process 380 patent for the anti-cholesterol drug lovastatin (“AFI-1 process”), which they sold in Canada under the trade name Mevacor. The patent was issued to Merck in 1984 and expired on January 31, 2001. In 1993, the applicants (collectively, "Apotex") applied to the Minister of Health for a notice of compliance that would enable it to market a generic version of lovastatin in Canada. Apotex alleged it would not infringe the patent because it would use a process to produce lovastatin that would not fall within the scope of the patent ("AFI-4 process"). A notice of compliance was issued to Apotex on March 27, 1997. Later that year, Merck commenced an action against Apotex alleging infringement of the 380 patent. After a lengthy trial, the patent was held to be valid and infringed by Apotex. The judge found that Merck was entitled to compensatory damages rather than an accounting of profits. Following the exhaustion of all rights of appeal relating to the liability phase, the judge found that Merck was entitled to a total damages award of $119,054,327, plus pre-judgment and post-judgment interest. The judge rejected the argument advanced by Apotex that the availability of non-infringing lovastatin should be taken into account in assessing damages. This decision was upheld on appeal.