Apotex Inc. v. Canada, 2014 FC 1087 (Trazodone*)

Justice Hughes - 2014-11-18

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Apotex filed a submission with Health Canada on January 25, 1988 for approval to sell a generic version of a trazodone drug in Canada. Seven years later, after much correspondence, telephone conversations, meetings, the institution of two lawsuits – including one resulting in a decision by this Court – and a settlement agreement, Apotex received that approval in February 28, 1995. By that time, two generic competitors had already received approval to sell their versions of that drug in Canada. For the reasons that follow, I find that Apotex is entitled in tort to damages but was required to mitigate those damages. The extent of those damages will be assessed at a later trial.

Decision relates to:


Canadian Intellectual Property