Canada’s Intellectual Property Firm

Supreme Court denies leave in perindopril accounting of profits decision

Authored byChen Li

On September 24, 2020, the Supreme Court of Canada denied leave to Apotex (Docket No. 39172) with respect to a decision affirming the quantum of profits payable to the Plaintiffs ADIR and Servier for infringement of ADIR’S perindopril patent. As previously reported, the Federal Court of Appeal found that the Federal Court made no palpable and overriding error in holding that Apotex would not have used a non-infringing alternative from third-party manufacturers. 

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