Pfizer Liable To Apotex For Section 8 Damages: Amount To Be Determined

In a judgment pronounced on May 10, 2013, Justice O'Reilly of the Federal Court of Canada, granted Apotex's claim against Pfizer for section 8 damages under Canada's Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.  The sole issue before the Court was whether Apotex had a valid claim to damages.  The amount is to be determined in a subsequent proceeding.  For the full written decision see: Apotex v. Pfizer Canada Inc., 2013 FC 493.

The section 8 claim arises out of a failed prohibition proceeding.  In early 2000, Apotex sought approval for its generic version of ZITHROMAX (azithromycin), a significant anti-infective drug product marketed by Pfizer.  In response, Pfizer brought an application to prohibit Apotex from entering the market. Apotex alleged that its generic version of the drug would not infringe on Pfizer's patent.  Justice Snider agreed with Apotex and held that there was no infringement and dismissed Pfizer's prohibition proceeding: see P