Your World of Legal Intelligence
 Canada | +1 (343) 700 0450

Teva Canada Limited v. Janssen Inc., 2018 FCA 33

Judgment Cited authorities 18 Cited in 13 Precedent Map Related
Vincent
JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2018 FCA 33
Date30 May 2018
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
13 practice notes
  • Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
    • Canada
    • Supreme Court (Canada)
    • November 18, 2022
    ...Inc., 2018 FCA 140 , 157 C.P.R. (4th) 195 ; AstraZeneca Canada Inc. v. Apotex Inc., 2015 FC 671 ; Teva Canada Limited v. Janssen Inc., 2018 FCA 33, 420 D.L.R. (4th) 493 ; Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217 , 161 C.P.R. (4th) 411 . By Côté J. (dissenting)......
  • McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4
    • Canada
    • Court of Appeal (Canada)
    • January 14, 2021
    ...at whatever degree, from the patentee: Hospira 2020 at para. 108; see also Signalisation at para. 24; Teva Canada Limited v. Janssen Inc., 2018 FCA 33, 420 D.L.R. (4th) 493 at para. 127. The jurisprudence has held that “persons claiming under the patentee” can include exclusive licensees (S......
  • Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217
    • Canada
    • Court of Appeal (Canada)
    • November 23, 2018
    ...31 R.P.C. 104 at p. 118 (H.L.); see also this Court’s endorsement of the “broad axe” principle in Teva Canada Limited v. Janssen Inc., 2018 FCA 33 at paras. 32-36, leave to appeal to S.C.C. refused, 38033 (November 11, 2018)). [143] With this in mind, I have not been persuaded that it was n......
  • Dnow Canada ULC v. Grenke Estate, 2020 FCA 61
    • Canada
    • Court of Appeal (Canada)
    • March 11, 2020
    ...is not a world where “the loss is capable of correct appreciation in stated figures.” (Teva Canada Limited v. Janssen Inc., 2018 FCA 33, 420 D.L.R. (4th) 493, at paragraph 36, citing Watson, Laidlaw & Co. Ltd. v. Pott, Cassels, and Williamson (1914), 31 R.P.C. 104, at page......
    • Request a trial to view additional results
5 cases
  • Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
    • Canada
    • Supreme Court (Canada)
    • November 18, 2022
    ...Inc., 2018 FCA 140 , 157 C.P.R. (4th) 195 ; AstraZeneca Canada Inc. v. Apotex Inc., 2015 FC 671 ; Teva Canada Limited v. Janssen Inc., 2018 FCA 33, 420 D.L.R. (4th) 493 ; Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217 , 161 C.P.R. (4th) 411 . By Côté J. (dissenting)......
  • McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4
    • Canada
    • Court of Appeal (Canada)
    • January 14, 2021
    ...at whatever degree, from the patentee: Hospira 2020 at para. 108; see also Signalisation at para. 24; Teva Canada Limited v. Janssen Inc., 2018 FCA 33, 420 D.L.R. (4th) 493 at para. 127. The jurisprudence has held that “persons claiming under the patentee” can include exclusive licensees (S......
  • Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217
    • Canada
    • Court of Appeal (Canada)
    • November 23, 2018
    ...31 R.P.C. 104 at p. 118 (H.L.); see also this Court’s endorsement of the “broad axe” principle in Teva Canada Limited v. Janssen Inc., 2018 FCA 33 at paras. 32-36, leave to appeal to S.C.C. refused, 38033 (November 11, 2018)). [143] With this in mind, I have not been persuaded that it was n......
  • Dnow Canada ULC v. Grenke Estate, 2020 FCA 61
    • Canada
    • Court of Appeal (Canada)
    • March 11, 2020
    ...is not a world where “the loss is capable of correct appreciation in stated figures.” (Teva Canada Limited v. Janssen Inc., 2018 FCA 33, 420 D.L.R. (4th) 493, at paragraph 36, citing Watson, Laidlaw & Co. Ltd. v. Pott, Cassels, and Williamson (1914), 31 R.P.C. 104, at page......
    • Request a trial to view additional results
8 firm's commentaries
  • FCA upholds damage award based on Teva’s infringing sales of levofloxacin
    • Canada
    • LexBlog Canada
    • February 14, 2018
    ...an assessment officer 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 CanLIITh......
  • Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal
    • Canada
    • JD Supra Canada
    • February 28, 2018
    ...of Janssen’s patent for levofloxacin (LEVAQUIN): Teva Canada Ltd v Janssen Inc, 2018 FCA 33. As previously reported, 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 ......
  • Federal Court Of Appeal Dismisses Teva's Levofloxacin Damages Appeal
    • Canada
    • Mondaq Canada
    • February 28, 2018
    ...damages and costs awarded against it for its infringement of Janssen's patent for levofloxacin (LEVAQUIN): Teva Canada Ltd v Janssen Inc, 2018 FCA 33. As previously reported, the Federal Court awarded close to $19 million in damages and pre-judgment interest to the plaintiffs: Janssen Inc v......
  • Canadian Patent Damages – Mitigation And Person Claiming Under The Patentee
    • Canada
    • Mondaq Canada
    • February 20, 2018
    ...another important decision on the subject of remedies for patent infringement (full decision here: Teva Canada Limited v. Janssen Inc., 2018 FCA 33). The Court of Appeal confirmed that whether a plaintiff has reasonably mitigated its loss in a patent case is a question of fact. The burden l......
    • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT