Supreme Court Of Canada Leave Applications - May 2020

Pfizer seeks leave in pregabalin section 8 case

As previously reported, the Federal Court of Appeal (FCA) dismissed Pfizer's appeal from a decision granting Pharmascience's motion for a summary trial on Pfizer's defence of ex turpi causa in an action for section 8 damages related to pregabalin (LYRICA). The FCA rejected Pfizer's arguments and held that infringement was not a viable defence where the patentee did not bring an infringement action in the real world. On April 27, 2020, Pfizer applied to the Supreme Court of Canada for leave to appeal (Docket no. 39150).

Apotex seeks leave to appeal perindopril accounting of profits decision

As previously reported, the FCA dismissed Apotex's appeal from a decision ordering it to pay over $61M in profits to the Plaintiffs ADIR and Servier for infringement of ADIR's perindopril patent. The FCA found that the Federal Court made no palpable and overriding error in holding that Apotex would not have used a