Teva Canada Limited v. Pfizer Canada Inc.

Teva Canada Limited v. Pfizer Canada Inc.

On the balance of probabilities the Liability Period runs from August 26, 2010 to February 14, 2013; the Court adopts Hollis’ economic model for total and generic market sizing and for Teva’s generic share; Teva would have launched on or about Aug 26, 2010 using Ratiopharm product (switching to Teva later), Pfizer would not have launched GenMed during the Liability Period, no authorized or independent third‑party generics would have entered to displace Teva during the Liability Period, pricing outside Quebec set at 75% of Lyrica (60% in Quebec), trade spend set at 35%, no inspection costs recoverable, API cost determined per the evidentiary record, and pipefill adjustment to follow...

Citation
2017 FC 332
Parties
Plaintiff: Teva Canada Limited; Defendant: Pfizer Canada Inc.; Defendant: Warner‑Lambert Company; Defendant: Warner‑Lambert Company, LLC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 March 2017
Procedural Posture
Patented Medicines (notice of Compliance) Regulations S.8 Damages / Trial Judgment (public Reasons for Judgment)
Outcome
Findings entered for use in calculation of Teva’s s.8 damages in favour of Teva; Court set evidentiary and modelling parameters for damages calculation and awarded costs to Teva; Court remains seized for final accounting.
Legal Topics
PMNOC Regulations, Section 8 Damages, But‑for Market Analysis, Liability Period, Market Share Allocation, Formulary Listing, Authorized Generics, Trade Spend, API Cost Issues, Pipefill Adjustment
Source Language
English
Patent Law Regulatory Law Pharmaceutical Law Competition Law Civil Damages PMNOC Regulations Section 8 Damages But‑for Market Analysis +7 more

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Parties

Teva Canada Limited

Plaintiff

Pfizer Canada Inc.

Defendant

Warner‑Lambert Company

Defendant

Warner‑Lambert Company, LLC

Defendant

Procedural Posture

Patented Medicines (notice of Compliance) Regulations S.8 Damages / Trial Judgment (public Reasons for Judgment)

Legal Issues

  1. 1 Commencement and duration of Liability Period
  2. 2 Size of total and generic Pregabalin markets in the But‑For World
  3. 3 Teva’s share of the generic market and lost volumes

Ratio Decidendi

On the balance of probabilities the Liability Period runs from August 26, 2010 to February 14, 2013; the Court adopts Hollis’ economic model for total and generic market sizing and for Teva’s generic share; Teva would have launched on or about Aug 26, 2010 using Ratiopharm product (switching to Teva later), Pfizer would not have launched GenMed during the Liability Period, no authorized or independent third‑party generics would have entered to displace Teva during the Liability Period, pricing outside Quebec set at 75% of Lyrica (60% in Quebec), trade spend set at 35%, no inspection costs recoverable, API cost determined per the evidentiary record, and pipefill adjustment to follow...

Court Disposition

Findings entered for use in calculation of Teva’s s.8 damages in favour of Teva; Court set evidentiary and modelling parameters for damages calculation and awarded costs to Teva; Court remains seized for final accounting.

Orders

  • Liability Period determined as August 26, 2010 to February 14, 2013 for s.8 damages calculation
  • Use Dr. Aidan Hollis’ model for total Pregabalin market and generic share calculations