Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2020 FC 1
Justice Grammond - 2020-01-02
Read full decision. Automatically generated summary:
[Seedlings] alleges that [Pfizer], a major pharmaceutical company, infringes its patent by selling in Canada an auto-injector commonly known as the EpiPen. ... I agree with Pfizer that the claims asserted by Seedlings are invalid, because they are all overly broad, some of them are anticipated and one of them is obvious. Moreover, had those claims been valid, I would have found that they are not infringed by the EpiPen. ... Nevertheless, in case my judgment is reversed on appeal, I believe it is useful to provide my opinion on the main issues between the parties with respect to remedies. ... Had I found infringement, I would have held that Seedlings was entitled to a compensation equal to 2.05% of the net sales revenue of the NGA EpiPen. ... For the reasons set out below, I would not have allowed Seedlings to elect an accounting of profits. ... Indeed, if the patentee made its profits by selling licences, it should not be entitled to compensation beyond a reasonable royalty.
Decision relates to:
- T-608-17 - SEEDLINGS LIFE SCIENCE VENTURES,LLC V. PFIZER CANADA INC.
- A-44-20(2021 FCA 154) - which is an appeal from this decision