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ARTICLE · 02 JANUARY 2012

Intellectual Property Weekly Abstracts Alert - Week Of December 19, 2011

Borden Ladner Gervais LLP
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In a previous decision, the Court granted the motion for a summary trial and held that Teva could not continue ratiopharm’s claim for damages under section 8 of the NOC Regulations.

CanadaIntellectual Property
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Edited by Chantal Saunders and Beverley Moore

ACTIONS
Action Dismissed and Trial Date Released Notwithstanding Pending Appeal
Teva Canada Limited v. Wyeth LLC and Pfizer Canada Inc.

In a previous decision, the Court granted the motion for a summary trial and held that Teva could not continue ratiopharm's claim for damages under section 8 of the NOC Regulations.

This is a motion by Wyeth and Pfizer to have the action dismissed and for directions as to costs. Teva argued that the action should not be dismissed yet and the trial date, currently set for the beginning of 2013, should be preserved as Teva has appealed the decision of the Court regarding the continuation of the action. The Court found that it may not be possible to complete the appeal process prior to the date scheduled for trial, and that other litigants are seeking trial dates. The Court therefore dismissed the action and released the trial date, but stated that the Order will include the

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