As previously reported, the Federal Court of Appeal (FCA) overturned the Federal Court's conclusion that Apotex failed to mitigate the loss it incurred as a result of Health Canada's tortious conduct in considering Apotex's Apo-Trazodone drug submission. The FCA otherwise dismissed the parties' appeals relating to Apotex's claims in negligence, misfeasance in a public office, and contract: Apotex v Canada, 2017 FCA 73. On December 14, 2017, the Supreme Court dismissed Apotex's leave application (SCC case no. 37593).
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.
