Apotex Inc. v Pfizer Canada Inc., 2013 FC 493 (Azithromycin*)
Justice O'Reilly - 2013-05-10
Read full decision. Automatically generated summary:
Apotex Inc claims that it incurred a loss as a result of being kept out of the market for a generic version of Pfizer Canada Inc's patented azithromycin tablets (under Canadian Patent No 1,314,876, "the '876 patent"). Pfizer's application to prohibit Apotex from entering the market was dismissed by Justice Judith Snider in 2003 (Pfizer Canada Inc v Apotex Inc, 2003 FC 1428). She concluded that Apotex's allegation that its tablets would not infringe the '876 patent was justified on the evidence.
Decision relates to:
- T-825-06 - APOTEX INC. v. PFIZER CANADA INC.
- A-208-13(2014 FCA 54) - which is an appeal from this decision