Case information
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36019
Teva Canada Limited v. Pfizer Canada Inc., et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-11-17 | Close file on Leave | |
| 2014-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-11-14 | Judgment on leave sent to the parties | |
| 2014-11-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-93-14, 2014 FCA 138, dated May 27, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-11-03 | Correspondence received from, Devin Doyle re: file 35866 | Teva Canada Limited |
| 2014-10-14 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-10-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-10-03, (Electronic version filed on 2014-10-03) | Teva Canada Limited |
| 2014-09-24 | Correspondence received from, Sally Gomery re: amendment to memorandum | Pfizer Canada Inc. |
| 2014-09-23 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) | Pfizer Canada Inc. |
| 2014-09-23 | Book of authorities, (Book Form) | Pfizer Canada Inc. |
| 2014-09-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-09-23, (Electronic version filed on 2014-09-23) | Pfizer Canada Inc. |
| 2014-09-05 | Letter acknowledging receipt of a complete application for leave to appeal, (amended) | |
| 2014-08-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2014-08-28 | Notice of name | Teva Canada Limited |
| 2014-08-26 | Certificate (on limitations to public access) | Teva Canada Limited |
| 2014-08-26 | Application for leave to appeal, (Book Form), Completed on: 2014-08-26, (Electronic version filed on 2014-08-26) | Teva Canada Limited |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Teva Canada Limited | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pfizer Canada Inc. | Respondent | Active |
| Pfizer Inc., Pfizer Ireland Pharmaceuticals | Respondent | Active |
Counsel
Party: Teva Canada Limited
Counsel
Suite 300, 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 695-5858
FAX: (613) 695-5854
Email: mklee@aitkenklee.com
Party: Pfizer Canada Inc.
Counsel
Allyson WhyteNowak
Kristin Wall
Suite 3800, Royal Bank Plaza, South Tower,
200 Bay Street
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4000
FAX: 2163930
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Pfizer Inc., Pfizer Ireland Pharmaceuticals
Counsel
Suite 3800, Royal Bank Plaza, South Tower,
200 Bay Street
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4000
FAX: 2163930
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Intellectual property — Patents — Civil procedure — Pleadings - Motion to strike — Respondents bringing motion to strike portions of applicant’s pleadings with respect to claims for s. 8 damages under Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 — Applicant generic manufacturer seeking compensatory, punitive and exemplary damages and quantification of innovator’s profits.
Teva Canada Limited (“Teva”) commenced an action under s. 8 of the (PM)NOC Regulations seeking compensation for losses suffered during the relevant period including compensatory, punitive and exemplary damages and quantification of Pfizer’s profits. Pfizer brought a motion to strike those portions of Teva’s statement of claim relating to punitive and exemplary damages and the quantification of profits.
Lower court rulings
Federal Court
T-2280-12
Applicant’s pleadings for claims related to respondents’ profits, and punitive and exemplary damages struck
Federal Court of Appeal
A-93-14, 2014 FCA 138
Applicant’s appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available