Janssen Inc. v. Teva Canada Limited, 2016 FC 593

Justice Hughes - 2016-05-31

Read full decision. Summary prepared by Alan Macek:

This decision relates to the determination of damages and quantification thereof arising out of a Judgment that Claim 4 of CA1,304,080 was valid and had been infringed by the Defendant, Novopharm Limited, now Teva Canada Limited granted an injunction and damages but not profits (2006 FC 1234 aff'd 2007 FCA 217 leave to SCC denied). Among other issues, the court determined that of Janssen US was able to claim damages from lost sales arising from the financial ownership of tablets between Janssen Puerto Rico and Canada, as a person "claiming under the patentee" and granted over $13m in damages. The court considered competing 'but for' scenarios, favoured Janssen's expert, allowed lost post-expiry sales, and a claim for locked in price suppression and pre-judgment interest, granting about $5.5m to Janssen Canada. [Note: this decision was issued May 31 but only published by the court today]

Decision relates to:


Canadian Intellectual Property