On January 19, the SCC denied Teva leave to appeal the FCA's decision that overturned Teva's $125 million award (venlafaxine, EFFEXOR XR) for improper reliance on hearsay evidence and sent the matter back to the trial judge for determination; on May 26, the trial judge reaffirmed the original decision and Pfizer has appealed. On February 27, the Ontario Superior Court dismissed Abbott/Takeda's motion for summary judgment in a section 8 action brought by Apotex regarding its generic lansoprazole (Abbott's PREVACID). Apotex's initial patent hold was revoked and later re-instated, but only after the PMNOC proceedings had been resolved. The Court found that absent the proceedings, the Minister would have issued the Apo-Lansoprazole notice of compliance as of the patent hold date. On March 30 and April 4, the Federal Court awarded Teva section 8 damages in cases regarding pregabalin (Pfizer's LYRICA) and olanzapine (Eli Lilly's ZYPREXA), appeals are pending. On July 26, the reference trial judge quantified Apotex's section 8 losses regarding omeprazole (AstraZeneca's LOSEC) as nil, as Apotex's omeprazole would have infringed an AstraZeneca patent; an appeal is pending.
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