Pharmascience Inc. v. Teva Canada, 2022 FCA 207 (Glatiramer*)
Justice Mactavish; Justice Gleason; Justice Monaghan - 2022-12-01
Read full decision. Automatically generated summary:
Pharmascience appeals an unreported decision of the Federal Court, in Federal Court files T-2182-18 and T-2183-18, awarding costs to Teva following two infringement actions brought by Teva, and heard together, under the Patented Medicines (Notice of Compliance Regulations). The actions alleged that, were Pharmascience to enter the market with its product Glatect® 40mg, Pharmascience would infringe the 437 Patent and the 802 Patent. ... Pharmascience submits that “written offer to settle” in Rule 400(3)(e) must be interpreted in the same manner as it is interpreted for purposes of Rule 420—that is, a definite offer made in writing and capable of acceptance that would, if accepted, bring the dispute to resolution. Moreover, says Pharmascience, Rules 400(3)(e) and 420 “occupy the field” such that any settlement offer that is not a “written offer to settle” as so interpreted cannot be considered in a costs award. I disagree.
Decision relates to:
- A-159-21 - TEVA CANADA INNOVATION ET AL v. YEDA RESEARCH AND DEVELOPMENT CO. LTD. which is an appeal from 2021 FC 367 in T-2183-18