On April 20, 2015, the Supreme Court of Canada dismissed
Sanofi-Aventis' appeal concerning a claim by Apotex for section
8 damages under the Patented Medicines (Notice of Compliance)
Regulations. Apotex's claim followed prohibition
proceedings involving Apotex's generic version of ramipril,
marketed by Sanofi as ALTACE®. This was the first section 8
damages appeal heard by the Supreme Court.
The Supreme Court dismissed the appeal from the bench, stating
only that it did so substantially for the reasons of the majority
of the Federal Court of Appeal. As such, the law in respect of
section 8 damages remains as set out by the Court of Appeal on
March 14, 2014, in its decisions relating to Apotex's claim and
Teva Canada Ltd.'s similar section 8 damages claim regarding
generic ramipril. A discussion of these ramipril appeal decisions
is available here. Teva did not seek leave from the Supreme
Court to appeal any of these decisions.
The ramipril appeal decisions were decided on the unique factual
circumstances of those cases. The Supreme Court's dismissal of
Sanofi's appeal without further reasons provides no additional
guidance on whether, and how, the Court of Appeal's various
findings might apply to the specific circumstances of future
section 8 damages cases.
Clickherefor the Supreme Court of Canada's
dismissal of Sanofi's appeal.
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