Teva Canada Limited v. Sanofi-Aventis Canada inc., 2011 FCA 149 (Ramipril*)
Justice Sharlow; Justice Dawson; Justice Noël - 2011-05-02
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The respondents to this appeal have sued the appellant, Teva Canada Limited (Teva), for patent infringement. In response to the statement of claim Teva filed a statement of defense and counterclaim. Among other things, Teva counterclaimed for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR 93/-133 (Regulations). The claim was for losses suffered during the period Teva (formerly Novopharm Limited) was not in receipt of a Notice of Compliance (NOC) for its drug Novo-ramipril as a result of proceedings commenced under section 6 of the Regulations. Included in the claim for compensation was a claim for damages for Teva’s permanent loss of market share. At paragraphs 135, 136 and 143 of its third amended statement of defense and counterclaim Teva asserted:
Decision relates to:
- A-473-10 - TEVA CANADA LTD. v. SANOFI-AVENTIS CANADA INC and SANOFI-AVENTIS DEUTSCHLAND which is an appeal from 2010 FC 1210 in T-1161-07