Pfizer Canada Inc. v. Apotex Inc. , 2014 FCA 54 (Azithromycin*)
Justice Stratas; Justice Gauthier; Justice Webb - 2014-03-03
Read full decision. Automatically generated summary:
Pfizer Canada Inc. (“Pfizer”) appeals from the judgment of Justice O’Reilly of the Federal Court (“the Judge”) regarding Apotex Inc.’s (“Apotex”) claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. The Judge held that Apotex was entitled to claim compensation for the loss, if any, resulting from its inability to sell its Apo-azithromycin tablets (“the Apotex product”) before it obtained a notice of compliance after the dismissal of Pfizer’s application for a prohibition order. By virtue of a bifurcation order, issues relating to the quantum of compensation were left to be determined in a further proceeding.
Decision relates to:
- A-208-13 - PFIZER CANADA INC. which is an appeal from 2013 FC 493 in T-825-06