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In an action relating to amlodipine besylate
(Pfizer's NORVASC), Apotex is seeking relief
in the Quebec Superior Court pursuant to the Ontario Statute of
Monopolies, U.K. Statute of Monopolies, the
Trade-marks Act, and unjust enrichment. Pfizer brought a
motion to dismiss Apotex's claim. On April 25, 2018, the Quebec
Superior Court dismissed an application by Pfizer (part of the
motion to dismiss) to dismiss the action, finding that the Quebec
Superior Court has jurisdiction to adjudicate Apotex's claim
under the Ontario Statute of Monopolies: Apotex Inc c Pfizer
Limited, 2018 QCCS 1765. The balance of Pfizer's
motion to dismiss has been deferred to the trial in the liability
phase of the proceeding.
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.
