Apotex Inc. v. ADIR, 2020 FCA 60 (Perindopril*)
Justice Mactavish; Justice Webb; Justice Near - 2020-03-11
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Following a trial in 2008, the Federal Court held that a patent owned by the respondent ADIR relating to a drug known as perindopril was valid and had been infringed by the appellants. ... Further hearings were held by the Federal Court with respect to the quantification of the appellants’ profits over a two-year period. In a decision reported as 2018 FC 346, the Court determined that the appellants’ profits should not be reduced based on the non-infringing alternative defence. The appellants contend that the Federal Court erred in law in the framework used to determine whether, in a hypothetical world, the appellants would have acquired non-infringing perindopril from any of three proposed suppliers. ... For the reasons that follow, I have concluded that the Federal Court did not err as alleged. Consequently, I would dismiss the appeal.
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