Merck & Co., Inc. v. Apotex Inc., 2013 FC 751 (Lovastatin*)
Justice Snider - 2013-07-16
Read full decision. Summary prepared by Alan Macek:
After finding that '380 Patent (Lovastatin) was valid and had been infringed by the Defendants and that the Plaintiffs were entitled to their damages rather than to an accounting of profits (see 2010 FC 1265), Justice Snider in this decision concluded that the Plaintiffs are entitled to a total damages award of $119,054,327, plus interest based on lost profits on pre-expiry replacement sales, a reasonable royalty for post-expiry infringing sales and a reasonable royalty for export sales. The Court held that the availability of a non-infringing alternative was irrelevant to a calculation of damages.
Decision relates to:
- T-1272-97 - MERCK & CO. INC. ET AL v. APOTEX INC. ET AL
- A-242-13(2015 FCA 171) - which is an appeal from this decision