Pharmascience Inc. v. Pfizer Canada Inc., 2015 FC 1134 (Pregabalin*)
Justice Zinn - 2015-10-08
Read full decision. Automatically generated summary:
This is an appeal of an order of a Prothonotary striking certain paragraphs of the Amended Statement of Claim without leave to amend. In a Section 8 proceeding, the paragraphs related to claims for lost sales of "other products". Both the Prothonotary whose Order is under appeal and the Prothonotary in Eli Lilly recognize that losses suffered during the section 8 period relating to other products and to overall market share, are losses which the jurisprudence recognizes as potentially recoverable in a section 8 proceeding. Therefore, Pharmascience’s claim for such losses ought not to be struck.
Decision relates to:
- T-1434-14 - PHARMASCIENCE INC. v. PFZIER CANADA INC.