Decision

Teva Canada Limited v. Pfizer Canada Inc., 2017 FC 957 (Sildenafil*)

Justice Zinn - 2017-10-26

Read full decision. Automatically generated summary:

Before the Court are two motions: (1) a motion brought by the Defendants, Pfizer for an Order granting them leave to amend their Statement of Defence and Counterclaim, and (2) a motion brought by the Plaintiff, Teva for an Order that portions of Pfizer’s motion record and paragraphs 28B (c) to (e) of the Amended Statement of Defence and Counterclaim be redacted in the Court’s public file. My view of these motions is captured best in the line spoken by Mercutio as he lay dying: "A plague o' both your houses!" (Romeo and Juliet, Act III, Scene 1). ... In my view, neither party is entitled to costs: Pfizer ought never to have brought this motion, and Teva ought not have played tit-for-tat and withdrawn its unconditional consent. I only regret that I am unable to order both parties to compensate the Court for its losses.

Decision relates to:

  • T-2280-12 - TEVA CANADA LIMITED v. PFIZER CANADA INC. AND OTHER

 

Canadian Intellectual Property