Teva Canada Limited v. Pfizer Canada Inc.

Teva Canada Limited v. Pfizer Canada Inc.

Court accepted monthly accrual approach for prejudgment interest under the Courts of Justice Act, applied a prejudgment annual rate of 4.5% (0.375% per month) to damages accruing each month during the Relevant Period and thereafter on the lump sum from end of the Relevant Period to judgment; awarded damages of...

Source-derived case information.

Citation
2014 FC 634
Parties
Plaintiff: Teva Canada Limited; Defendant: Pfizer Canada Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 June 2014
Procedural Posture
Patent Infringement Section 8 Damages / Judgment and Supplementary Reasons
Outcome
Judgment for Plaintiff; damages and prejudgment interest awarded; costs to be assessed with directions; post-judgment interest ordered
Legal Topics
Section 8 Damages, Prejudgment Interest, Post Judgment Interest, Costs Assessment, Statutory Stay, Quantum of Damages
Source Language
english
Intellectual Property Patent Law Civil Procedure Damages Costs Interest Section 8 Damages Prejudgment Interest +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Teva Canada Limited

Plaintiff

Pfizer Canada Inc.

Defendant

Procedural Posture

Patent Infringement Section 8 Damages / Judgment and Supplementary Reasons

Legal Issues

  1. 1 Quantum of damages for the Relevant Period
  2. 2 Appropriate method and start date for prejudgment interest
  3. 3 Appropriate prejudgment interest rate

Ratio Decidendi

Court accepted monthly accrual approach for prejudgment interest under the Courts of Justice Act, applied a prejudgment annual rate of 4.5% (0.375% per month) to damages accruing each month during the Relevant Period and thereafter on the lump sum from end of the Relevant Period to judgment; awarded damages of $92,228,000, prejudgment interest of $32,539,550.36, directed costs be assessed according to specified limits and allowed post-judgment interest at 3.0% on the total award and on assessed costs from date of judgment.

Court Disposition

Judgment for Plaintiff; damages and prejudgment interest awarded; costs to be assessed with directions; post-judgment interest ordered

Orders

  • Defendant shall pay to the Plaintiff damages in the amount of $92,228,000.00
  • Plaintiff is awarded $32,539,550.36 in prejudgment interest