Decision

Apotex inc. c. Pfizer Limited, 2018 QCCS 1765

2018-04-25

Read full decision. Summary prepared by Alan Macek:

The Court writes, "This is yet another patent litigation between a generic drug manufacturer and a major worldwide pharmaceutical company alleging Trademarks Act violations, breaches of the English and Ontario Statutes of Monopolies dating back to 1623 and 1897 respectively, and seeking relief, for among other things, unjust enrichment. The novelty here, however, is the parties’ battleground – Quebec. According to both parties, although there are similar cases pending before the Federal and the Ontario courts in particular, this is the first action lodged in Quebec." The Quebec Court decided that it did have subject matter jurisdiction to consider Apotex's claims of treble damages under the Ontario Statute of Monopolies.

 

Canadian Intellectual Property