Canada’s Intellectual Property Firm

On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) a decision upholding an interlocutory decision on a question relevant to the assessment of section 8 damages related to pregabalin (Pfizer’s LYRICA). As previously reported, the Federal Court of Appeal dismissed Pfizer’s appeal from the Federal Court decision holding that Pfizer’s defence of ex turpi causa by reason of infringement was not legally viable as Pfizer did not bring an infringement action against Pharmascience in the real world.

Should you have any questions, please do not hesitate to contact a member of the Life Sciences Regulatory & Compliance Group.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.