On April 20, 2015, the Supreme Court of Canada dismissed from the bench Pfizer’s appeal arising from Apotex Ramipril FCA. The Supreme Court took the rare approach of granting leave to appeal only to endorse the majority of the Federal Court of Appeal’s view in Apotex Ramipril FCA, which we previously wrote about here.
In summary, section 8 damages will be calculated without allowing for “double ramp-up” and the NOC Regulations will apply to all generics in the “but for” world (including the Plaintiff generic). Further, only the start date of the relevant period will be determined “in the absence of the Regulations” (as per s. 8(1)(a)).
Jonathan Stainsby, David Aitken, and Devin Doyle of Aitken Klee LLP represented the intervener, Canadian Generic Pharmaceutical Association, at the Supreme Court.
The Supreme Court’s docket for this appeal, containing the brief judgment, can be found here.