Apotex Inc. v. Bayer Inc., 2018 FCA 32 (Drospirenone*)

Justice Nadon; Justice Stratas; Justice Woods - 2018-02-06

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On September 7, 2016 Mr. Justice Fothergill (the Judge) held that the respondents’ patent 2,382,426 (the ’426 Patent) had been infringed by the appellant: 2016 FC 1013. On October 27, 2016, he held that the respondents were entitled to elect between their damages and an accounting of the appellant’s profits: 2016 FC 1192. The appellant appeals from this remedial decision.

Decision relates to:


Canadian Intellectual Property