Janssen Inc. et al. v. Teva Canada Ltd., [2016] F.T.R. Uned. 246 (FC)

JudgeHughes, J.
CourtFederal Court (Canada)
Case DateMay 31, 2016
JurisdictionCanada (Federal)
Citations[2016] F.T.R. Uned. 246 (FC);2016 FC 593;[2016] F.T.R. Uned. 246
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12 practice notes
  • Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
    • Canada
    • Federal Court (Canada)
    • March 7, 2018
    ...the Patent Act. This requires that one have a title or right that can be traced back to the patentee: Janssen Inc v Teva Canada Limited, 2016 FC 593 at para 43, 141 CPR (4 th) 1 [Janssen v Teva] citing Signalisation de Montréal Inc v Services de Béton Universels Ltée (1992), [1993] 1 FC 3......
  • Pharma In Brief - Teva Found Liable For Over $18 Million In Patent-Infringement Damages For Generic Levofloxacin
    • Canada
    • Mondaq Canada
    • June 16, 2016
    ...Janssen Inc. v Teva Canada Limited, 2016 FC 593 (Court Files No. T-2175-04 and Drug: LEVAQUIN® (levofloxacin) Nature of case: Determination and quantification of damages further to action for patent infringement/impeachment under the Patent Act, RSC 1985, c P-4 (Patent Act) Successful party......
  • FCA upholds damage award based on Teva’s infringing sales of levofloxacin
    • Canada
    • LexBlog Canada
    • February 14, 2018
    ...would have assessed. Links: This case: Janssen Inc. v Teva Canada Limited, 2018 FCA 33, aff’g 2016 FC 593 and 2016 FC 727. Validity and liability judgment: Janssen-Ortho Inc. v Novopharm Ltd., 2006 FC 1234, aff’d 2007 FCA 217, leave to appeal to SCC ref’d 2007 CanLII 66767.The Federal Court......
  • Federal Court Of Appeal Dismisses Teva's Levofloxacin Damages Appeal
    • Canada
    • Mondaq Canada
    • February 28, 2018
    ...the Federal Court awarded close to $19 million in damages and pre-judgment interest to the plaintiffs: Janssen Inc v Teva Canada Ltd, 2016 FC 593 and subsequently granted $1 million in costs: 2016 FC General approach to quantification. Teva argued that the Court below had erred in principle......
  • Request a trial to view additional results
4 cases
  • Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
    • Canada
    • Federal Court (Canada)
    • March 7, 2018
    ...the Patent Act. This requires that one have a title or right that can be traced back to the patentee: Janssen Inc v Teva Canada Limited, 2016 FC 593 at para 43, 141 CPR (4 th) 1 [Janssen v Teva] citing Signalisation de Montréal Inc v Services de Béton Universels Ltée (1992), [1993] 1 FC 3......
  • Grenke v. DNOW Canada ULC, 2018 FC 564
    • Canada
    • Federal Court (Canada)
    • May 31, 2018
    ...scope and validity of a patent. The balance at the heart of the Act requires perfect compensation. [72] In Janssen Inc v Teva Canada Ltd, 2016 FC 593 at para 69, 269 ACWS (3d) 156 [Janssen], Justice Hughes indicated that compensation is determined by “the exercise of a sound imagination and......
  • Teva Canada Limited v. Janssen Inc., 2018 FCA 33
    • Canada
    • Court of Appeal (Canada)
    • May 30, 2018
    ...a trial lasting ten days the Federal Court determined the quantum of the damages caused by Teva’s infringement. For reasons cited as 2016 FC 593, the Federal Court ordered Teva to pay damages to Janssen Canada in the amount of $5,498,270.00, inclusive of prejudgment interest, and to pay dam......
  • Teva Canada Limited v. Pfizer Canada Inc., 2017 FC 526
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • May 26, 2017
    ...as found in the Trial Decision, then I should use the broad axe approach applied by Justice Hughes in Janssen Inc v Teva Canada Limited, 2016 FC 593. Had it been necessary I would have adopted that approach; but it is not necessary as I find that Ratiopharm would and could have supplied the......
8 firm's commentaries
  • Pharma In Brief - Teva Found Liable For Over $18 Million In Patent-Infringement Damages For Generic Levofloxacin
    • Canada
    • Mondaq Canada
    • June 16, 2016
    ...Janssen Inc. v Teva Canada Limited, 2016 FC 593 (Court Files No. T-2175-04 and Drug: LEVAQUIN® (levofloxacin) Nature of case: Determination and quantification of damages further to action for patent infringement/impeachment under the Patent Act, RSC 1985, c P-4 (Patent Act) Successful party......
  • FCA upholds damage award based on Teva’s infringing sales of levofloxacin
    • Canada
    • LexBlog Canada
    • February 14, 2018
    ...would have assessed. Links: This case: Janssen Inc. v Teva Canada Limited, 2018 FCA 33, aff’g 2016 FC 593 and 2016 FC 727. Validity and liability judgment: Janssen-Ortho Inc. v Novopharm Ltd., 2006 FC 1234, aff’d 2007 FCA 217, leave to appeal to SCC ref’d 2007 CanLII 66767.The Federal Court......
  • Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal
    • Canada
    • JD Supra Canada
    • February 28, 2018
    ...the Federal Court awarded close to $19 million in damages and pre-judgment interest to the plaintiffs: Janssen Inc v Teva Canada Ltd, 2016 FC 593 and subsequently granted $1 million in costs: 2016 FC General approach to quantification. Teva argued that the Court below had erred in principle......
  • Federal Court Of Appeal Dismisses Teva's Levofloxacin Damages Appeal
    • Canada
    • Mondaq Canada
    • February 28, 2018
    ...the Federal Court awarded close to $19 million in damages and pre-judgment interest to the plaintiffs: Janssen Inc v Teva Canada Ltd, 2016 FC 593 and subsequently granted $1 million in costs: 2016 FC General approach to quantification. Teva argued that the Court below had erred in principle......
  • Request a trial to view additional results

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