Apotex Inc. v. Merck Canada Inc. and Merck Frosst Canada & Co.

Drug: Alendronate

This is the reference after the decision on the merits from the Trial and Court of Appeal in the s. 8 case. The Court considered evidence as to the generic market, Apotex’ share of the generic market, Apotex’ capacity to manufacture alendronate, formulary listings, price, and double ramp up. The Court also considered deductions such as rebates and free goods. The Court made a number of rulings in this regard and ordered the accounting experts to come to an agreement regarding the amount of compensation. The Court will accept submissions from the parties once it has received the accountants’ submissions and make judgment at that time.