Teva Canada Limited v. Wyeth LLC, 2012 FCA 141 (Venlafaxine*)

Justice Sharlow; Justice Dawson; Justice Stratas - 2012-05-08

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The appellant Teva Canada Limited has appealed two judgments of the Federal Court. In the first judgment (2011 FC 1169), Justice Hughes applied the equitable doctrine of election to bar the appellant from continuing its action against the respondents Wyeth LLC and Pfizer Canada Inc. (collectively, "Wyeth") for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the "NOC Regulations"). The second judgment (2011 FC 1442) dismissed the action for damages. The parties agree that the disposition of the first appeal necessarily determines the disposition of the second appeal. Accordingly, the two appeals were consolidated by the order of Justice Létourneau dated February 9, 2012.

Decision relates to:


Canadian Intellectual Property