Canada:
Supreme Court Of Canada Dismisses Apotex's Leave Application Re: Trazodone Drug Submission Dispute With Health Canada
04 January 2018
Smart & Biggar
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As
previously reported, the Federal Court of Appeal (FCA)
overturned the Federal Court's conclusion that Apotex failed to
mitigate the loss it incurred as a result of Health Canada's
tortious conduct in considering Apotex's Apo-Trazodone drug
submission. The FCA otherwise dismissed the parties' appeals
relating to Apotex's claims in negligence, misfeasance in a
public office, and contract: Apotex v Canada, 2017 FCA 73. On December 14, 2017, the Supreme
Court dismissed Apotex's leave application (SCC case no. 37593).
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
directly.
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