In an action relating to amlodipine besylate (Pfizer's NORVASC), Apotex is seeking relief in the Quebec Superior Court pursuant to:
- the Ontario Statute of Monopolies;
- the UK Statute of Monopolies;
- the Trademarks Act; and
- unjust enrichment.
Pfizer has brought a motion to dismiss Apotex's claim. On 25 April 2018 the Quebec Superior Court dismissed an application by Pfizer (part of the motion to dismiss) to dismiss the action, finding that the court has jurisdiction to adjudicate Apotex's claim under the Ontario Statute of Monopolies (Apotex Inc v Pfizer Ltd, 2018 QCCS 1765). The balance of Pfizer's motion to dismiss has been deferred to the trial in the liability phase of the proceeding.
For further information on this topic please contact Brandon Heard at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
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