Teva Canada Limited v. Wyeth LLC, 2011 FC 1442 (Venlafaxine*)

Justice Hughes - 2011-12-09

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The Defendants have brought a motion for an Order dismissing this action and for directions as to costs. The motion is a consequence of my Judgment in this action dated November 17, 2011, together with Reasons cited as 2011 FC 1169. In that Judgment, I allowed the motion before me to proceed as a summary trial and held that the Plaintiff Teva was not entitled to continue ratiopharm's claim for damages under section 8 of the NOC Regulations. Costs in a fixed sum were awarded to the Defendants. The terms of that Order were drafted in a manner so as to be consistent with the relief requested by the Defendants in the motion.

Decision relates to:


Canadian Intellectual Property