Pharmascience Inc. v. Pfizer Canada ULC, 2019 FC 1271 (Pregabalin*)
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Since 2004, the Defendant, Pfizer, has held a patent for pregabalin, a pain medication sold under the brand name LYRICA. ... Pharmascience then began this action for damages against Pfizer for the sales it allegedly lost during the period of time when it was kept off the market. ... In a motion filed on March 25, 2019, Pharmascience seeks a summary trial on the question of whether Pfizer’s defence of ex turpi causa by reason of infringement is relevant to the assessment of damages. Pharmascience relies on the fact that Pfizer did not sue for infringement after Pharmascience obtained its NOC and evidence that Pfizer would not have done so if Pharmascience had entered the market in 2011. In addition to disputing the foundation of Pharmascience’s motion, Pfizer argues that a summary trial is not the appropriate proceeding in which to decide the extent to which Pharmascience’s damages should be reduced; that, it says, should be decided at trial. In my view, Pharmascience’s motion should be granted. Pfizer’s defence is not viable.
Decision relates to:
- T-1434-14 - PHARMASCIENCE INC. v. PFZIER CANADA INC.