Sanofi-Aventis v. Apotex Inc., Docket 35886

The Supreme Court has granted leave in a proceeding pursuant to section 8 of the PM(NOC) Regulations. Some of the issues to be decided in this proceeding, as listed by the Supreme Court, include:

  1. What is the correct interpretation of, and correct legal framework applicable to determination of appropriate compensation owed under s. 8?
  2. What is the status and legal implications of the PM(NOC) Regulations in the hypothetical “but for” world?
  3. Whether the legal framework applicable to s. 8 requires the construction of a hypothetical market in which failed prohibition proceedings against plaintiff are excluded, while those against its competitors are legally considered extant.

The decision of the Federal Court can be accessed here (summarized here), while the decision of the Federal Court of Appeal can be accessed here (summarized here).