Publication
UK failure to prevent fraud offence: What do you need to do now?
A new “failure to prevent fraud” offence has been introduced as part of the Economic Crime and Corporate Transparency Act (the Act).
Publication | January 2017
Case: Teva Canada Limited v Pfizer Canada Inc (SCC Docket 37162).
Drug: EFFEXOR XR® (venlafaxine hydrochloride)
Nature of case: Application for leave to appeal decision remitting back to the Federal Court an action for damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations)
Successful party: Pfizer Canada Inc.
Date of decision: January 19, 2017
Summary
As we reported, Teva Canada Ltd. was awarded damages pursuant to section 8 of the Regulations after Pfizer’s prohibition application under section 6 of the Regulations relating to an extended release formulation of venlafaxine hydrochloride (Pfizer’s EFFEXOR XR®) was dismissed by the Federal Court. Pfizer successfully appealed the decision. The Federal Court of Appeal (FCA) overturned the decision on the basis that the Federal Court had admitted and relied on hearsay evidence. During the trial, Teva relied solely on the testimony of one of its executives to establish the capacity and willingness of a third-party supplier to provide the venlafaxine hydrochloride in Teva’s product, instead of calling a witness from the supplier.
The FCA remitted the matter back to the Federal Court for redetermination, excluding the hearsay evidence.
Teva applied for leave to appeal the FCA’s decision to the Supreme Court of Canada in August 2016. On January 19, 2017, the Supreme Court dismissed Teva’s application. The redetermination in the Federal Court was adjourned pending a decision in the leave to appeal, and will now be rescheduled.
SCC Decision: Teva Canada Limited v Pfizer Canada Inc, SCC docket 37162.
FCA Decision: Pfizer Canada Inc v Teva Canada Limited, 2016 FCA 161
FC Decision: Teva Canada Limited v Pfizer Canada Inc, 2014 FC 248, and subsequent reasons Teva Canada Limited v Pfizer Canada Inc, 2014 FC 634
Publication
A new “failure to prevent fraud” offence has been introduced as part of the Economic Crime and Corporate Transparency Act (the Act).
Publication
On April 11 - 12, Luxatia International held the 4th World Legal Operations Summit in Berlin. Tom Evans, senior consultant in our Legal Operations Consulting Team, shared his tips for driving effective change management and leading successful transformation projects.
Publication
On May 14, 2024, Lena Haffner, Innovation Lead Germany at Norton Rose Fulbright, shared her insights on “How do you make a law firm AI ready?" at Legal Revolution 2024, one of Europe’s leading conferences in legal innovation and technology. Her lecture focused on developing a comprehensive roadmap for integrating AI into law firms, emphasizing the importance of developing a robust AI strategy and fostering an innovation-ready culture. Key topics covered in the lecture included strategic planning, skills development, multidisciplinary teamwork, and strong AI governance.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023