The Ontario Superior Court of Justice has released the second decision in a series of summary judgment motions relating to Apotex's claims against innovative drug companies under various causes of action pursued above and beyond the section 8 damages regime in the Patented Medicines (Notice of Compliance) Regulations.

In Apotex Inc. v. Pfizer Ireland Pharmaceuticals, 2021 ONSC 6345, Justice Diamond granted summary judgment in favour of the defendants and dismissed Apotex's claims rooted in the UK and Ontario Statutes of Monopolies, the Trade-marks Act, conspiracy, unjust enrichment, and nuisance.

The successful defendants were represented by Norton Rose Fulbright Canada LLP.

Link to decision: Apotex Inc. v. Pfizer Ireland Pharmaceuticals, 2021 ONSC 6345

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