In Apotex Inc. v. Syntex Pharmaceuticals International Inc. (2010 FCA 155), the Federal Court of Appeal (“FCA”) affirmed the Federal Court’s (FC) decision (2009 FC 494) dismissing Apotex’s claim for damages under s.8 of the Patented Medicines (Notice of Compliance) Regulations (“PMNOCR”). The FCA held that s.8 of the PMNOCR does not apply where an innovator prevailed in PMNOCR prohibition proceedings but not in subsequent patent litigation, meaning generic manufacturers cannot retroactively apply a finding of invalidity to PMNOCR prohibition proceedings. Continue Reading