Teva Canada Limited v. Pfizer Canada Inc., 2017 FC 332 (Pregabalin*)
Justice Phelan - 2017-03-30
Read full decision. Automatically generated summary:
Lyrica is a popular pharmaceutical for the management of neuropathic pain. It was the reference product for both Ratiopharm’s and Teva’s Pregabalin drug, which was the subject of NOC proceedings. This action for damages under section 8 of the PM(NOC) Regulations, arises out of those NOC proceedings, which were commenced by Pfizer in 2009 to prevent NOCs being issued for Ratiopharm’s Pregabalin product and for Teva’s Pregabalin product. These proceedings were discontinued on February 14, 2013 (Court File Nos. T-1422-09 and T-1868-09). The Court fixed the start date for the liability period, found that there was insufficient evidence to establish that third party generics could and would have entered the market, and Pfizer did not make out a case that GenMed would have been launched to compete with Teva or an authorized generic would have entered the market. The Court concluded that Teva's produce would have been priced at 75% of the brand, that a 35% trade spend rate was appropriate. The parties are to calculate Teva's damages in accordance with the reasons and agreed upon items with the Court seized of the matter until the final damages calculations were agreed to or settled by the Court.
Decision relates to:
- T-1496-13 - TEVA CANADA LIMITED v. PFIZER CANADA INC. ET AL
- A-140-17 - which is an appeal from this decision