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Canada Case Law

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Patent law 2014 FC 248

Teva Canada Limited v. Pfizer Canada Inc.

Federal Court section 8 PMNOC damages reasons in a venlafaxine case, fixing the relevant period, market assumptions, pricing, rebates, and interest.

  • Pmnoc regulations
  • Notice of compliance (noc)
  • Statutory stay
  • Formulary listing
  • Validation/good manufacturing practices
  • Trade-spend/rebates
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Patent law 2013 FC 1237

Apotex Inc. v. Takeda Canada Inc.

Federal Court quantified key issues for s. 8 PM(NOC) damages, including generic entry timing, market share, pricing, rebates, interest, and inventory adjustment.

  • Section 8 pm(noc) regulations
  • Notice of compliance
  • Damages assessment
  • Hypothetical world analysis
  • Authorized generics
  • Market share and pricing
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Intellectual property 2012 FC 1235

Apotex Inc. v. Merck Canada Inc.

Federal Court reasons on quantifying Apotex’s section 8 PM(NOC) damages for alendronate, including market entry, formulary timing, pricing, rebates, and pre-judgment interest.

  • Notice of compliance regulations (s.8)
  • Damages quantification
  • Lost profits
  • Formulary listing
  • Rebates and trade allowances
  • Pre-judgment interest
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Patent law 2012 FC 553

Apotex Inc. v. Sanofi-Aventis

The Federal Court fixed Apotex’s s. 8 damages period for ramipril at April 26, 2004 to December 12, 2006 and set out the but-for market framework.

  • Pm (noc) regulations s.8
  • Notice of compliance
  • Statutory stay
  • Authorized generic
  • Market share assessment
  • Lost profits
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Contract law 2003 BCSC 1298

Mansonville Plastics (B.C.) Ltd. v. Kurtz GmbH

The court held Kurtz liable for late delivery and specific contractual warranty breaches in an EPS equipment sale, awarding Mansonville $575,100 plus pre-judgment interest.

  • Breach of contract
  • Statutory warranty of fitness
  • Limitations/choice of law
  • Late delivery
  • Damages assessment
  • Agency/identity of parties
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.