Montreal successfully represent Adir and Servier Canada Inc. in 14 year patent litigation

Canada | November 09, 2020

Client: Adir and Servier Canada Inc.

Our Montreal office successfully represented Adir and Servier Canada Inc. (collectively “Servier”) against Apotex Inc. and Apotex Pharmachem Inc. (collectively “Apotex”) in a historic 14-year patent litigation regarding Servier’s cardiovascular drug, perindopril.

This action began with the granting of an interim injunction against Apotex and quickly became a test case for expedited proceedings with novel case management techniques. The litigation ultimately involved complex questions of patent validity, patent infringement in Canada and exportation of infringing goods abroad, standing, unfair competition and alleged violations of the Competition Act, remedies, accounting of profits, non-infringing alternatives, and apportionment.

The first chapter was a 2008 trial judgment upholding the validity of Servier’s patent for perindopril and finding that Apotex infringed the patent. Next was a 2015 trial judgment awarding an account of Apotex’s profits to Servier. These trial judgments were each subject to appeals and applications for leave to the Supreme Court of Canada, and a re-determination decision before the Federal Court at the quantification stage. The end was marked by the Supreme Court of Canada’s dismissal of Apotex’s last leave application in September 2020, thus confirming the requirement that Apotex disgorge its profits associated with its patent infringement, totalling over C$61m plus interest, to Servier.

Judith Robinson and Joanne Chriqui are proud to have successfully represented Servier at all levels of this hotly contested litigation, and wish to thank Richard Wagner of our Ottawa office for his brilliant handling of the Competition Act issues, as well as our paralegal Denise Pope.