Teva Canada Limited v. Janssen Inc., 2018 FC 1175 (Bortezomib*)

Justice Locke - 2018-11-21

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On July 18, 2018, I issued Judgment and Reasons [see 2018 FC 754] following trial of: a claim by the plaintiff, Teva, against Janssen and Millennium for compensation under s. 8 of the PMNOC Regulations for losses suffered during the time that Teva was kept off the market for its version of a drug for treating cancer that is marketed in Canada by Janssen under the name Velcade; and a counterclaim by Janssen and Millennium and the other plaintiffs by counterclaim, alleging infringement of several patents. My Judgment granted Teva’s claim, dismissed the counterclaim, and awarded costs to Teva. Because the parties were not able to agree on the amount of said costs, they provided submissions thereon. This decision addresses the amount of costs, as well as post-judgment interest. ... I will order costs payable in the amount of $1,688,660; being $850,000 in fees and $838,660 in disbursements. Post-judgment interest will run as indicated above, but no payment need be made until the appeal on the decision on the merits has been decided.

Decision relates to:



Canadian Intellectual Property