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ARTICLE · 04 NOVEMBER 2020

Finality, Finally: Adir And Servier Canada Inc. Confirm Their Perindopril Win

The 14 year perindopril litigation in Canada is over, with Adir and Servier Canada Inc. (collectively "Servier") emerging victorious against Apotex Inc...

CanadaIntellectual Property

The 14 year perindopril litigation in Canada is over, with Adir and Servier Canada Inc. (collectively “Servier”) emerging victorious against Apotex Inc. and Apotex Pharmachem Inc. (collectively “Apotex”). The end was marked by the Supreme Court of Canada's dismissal of Apotex's application for leave to appeal a decision requiring it to disgorge its profits associated with infringement of Servier's patent.

Judith Robinson and Joanne Chriqui of Norton Rose Fulbright Canada are proud to have successfully represented Servier at all levels of this hotly contested litigation.

The first chapter was a 2008 trial judgment upholding the validity of Servier's patent for perindopril and finding that Apotex infringed the patent. Next was a 2015 trial judgment awarding an account of Apotex's profits to Servier. These trial judgments were each subject to appeals and applications for leave to the Supreme Court of Canada, and a re-determination decision before the Federal Court

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