Allergan, Inc. v. Apotex Inc., 2015 FC 367

Drug: gatifloxacin and gatifloxacin ophthalmic solution

Allergan brought a motion to enforce a settlement agreement that Apotex denies was made. Allergan had sued for infringement and Apotex wrote a without prejudice letter offering terms to settle the proceeding. The terms included an undertaking to only use gatifloxacin API for regulatory and/or experimental use, not commercial use, until the patent expires.

The Court found it had jurisdiction to determine whether settlement had been reached. The Court reviewed the history of the correspondence between the parties and found that the parties had essentially reached an agreement early on in the negotiations, and the later correspondence was “directed largely to trivia”. Finding an offer and acceptance, the Court ordered enforcement of the settlement agreement.