Last week, Justice Snider issued judgment for over $215 million in the Apotex v. Sanofi-Aventis ramipril proceeding under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. After issuing reasons last May, the parties were directed to jointly calculate the quantum and judgment was issued based on this calculation.
This judgment as to quantum follows the decisions of Justice Snider issued last May, 2012 FC 551 (on the validity of Section 8) and 2012 FC 553 (application of Section 8) considering Apotex’s claim for damages under Section 8 of the Patented Medicine (Notice of Compliance) Regulations. The proceeding arises from a much earlier prohibition application launched by Sanofi-Aventis under the Patented Medicine (Notice of Compliance) Regulations in which Apotex was prohibited from launching a generic version of ramipril between April 2004 and December 2006.
In my understanding, this is the first Section 8 proceeding to reach a final quantum judgment. (Please let me know if this is not the case.)
A number of decisions in this action have been appealed to the Federal Court of Appeal in A-191-12, A-362-12, A-397-12. Justice Snider has also awarded Apotex its costs in the action including double costs from the date of a settlement offer two months before the hearing.
Thanks to Alex Stack for sending me a copy of the judgment.