Canada’s Intellectual Property Firm

Supreme Court of Canada leave applications - Teva seeks leave in levofloxacin damages assessment

Authored byKatie Lee

Teva seeks leave in levofloxacin damages assessment.
As previously reported, the Federal Court of Appeal (FCA) dismissed Teva’s appeal on the quantification of damages from infringement of Janssen’s patent for levofloxacin (LEVAQUIN). The FCA rejected Teva’s arguments, finding that the Federal Court did not err in constructing the hypothetical world, and that the Federal Court’s factual findings were open to it on the evidence. On March 26, 2018, Teva applied to the Supreme Court of Canada for leave to appeal (docket no. 38033).

Supreme Court denies leave regarding natural health product licence.
On April 12, 2018, the Supreme Court of Canada dismissed The Winning Combination’s leave to appeal (docket no. 37697). The Federal Court of Appeal decision had set aside the order of mandamus compelling the Minister of Health to grant a licence to The Winning Combination for its natural health product, RESOLVE (as previously reported).