Pfizer Canada ULC v. Pharmascience Inc., 2020 FCA 55 (Pregabalin*)
Justice Dawson; Justice Stratas; Justice Laskin - 2020-02-25
Read full decision. Automatically generated summary:
In the action, Pharmascience seeks damages from Pfizer for the sales that it lost when Pfizer’s application for prohibition under the Regulations, which was ultimately unsuccessful, kept Pharmascience out of the market for pregabalin, a pain medication marketed by Pfizer as LYRICA. ... Pharmascience brought a motion for a summary trial on Pfizer’s defences of patent infringement and ex turpi causa. The Federal Court granted the motion (2019 FC 1271, O’Reilly J.), and determined that these defences were not relevant to Pharmascience’s claim for damages. In doing so, the Federal Court relied (at paragraphs 21 to 24) on the principle, which it drew from the case law, that “the but-for world should reflect, to the extent possible, what happened in the real world.” ... Indeed, in our view the Federal Court could and should have gone farther than it did, and treated as binding and dispositive the Supreme Court’s decision in Sanofi-Aventis v. Apotex Inc., 2015 SCC 20, [2015] 2 S.C.R. 136. ... Therefore, the appeal will be dismissed with costs.
Decision relates to:
- A-405-19 - PFIZER CANADA ULC v. PHARMASCIENCE INC. which is an appeal from 2019 FC 1272 in T-1434-14