Teva Canada Limited / Apotex Inc. v. Sanofi-Aventis Canada Inc. et al (Ramipril)

2012 FC 552 / 2012 FC 553

"I prefer Mr. Hamilton’s approach to the pricing of API and accept his estimated cost of [Redacted] throughout the Relevant Period."


"I accept the characterization of both Mr. Hamilton and Ms. Frederick. The claimed “lost business value” is a claim to future profits and not a recoverable loss under s. 8."


"I agree that an inventory adjustment is appropriate.  On balance, I prefer Mr. Hamilton’s simple but effective method for calculating the appropriate amount of the adjustment.  Accordingly, I would direct that a pipeline adjustment, computed in accordance with Mr. Hamilton’s methodology be applied.  That would result in an addition to the Lost Volumes of an additional two months of Apo-ramipril capsule sales for each capsule dosage strength."

- Judgments in 2012 FC 552 / 2012 FC 553
Quantification of generic pharmaceuticals’ lost profits under Section 8 of PM(NOC) Regulations involving pharmaceutical drug ALTACE (active pharmaceutical ingredient – ramipril).

Our work in this matter included:

  • Reviewing and analyzing Teva’s and Apotex’s accounting productions and assisting Counsel in developing questions and further information requests for the examinations for discovery.
  • Preparing expert reports and reply reports detailing our estimate of Teva’s and Apotex’s lost profits under various scenarios and our comments on the opposing experts’ reports.
  • Providing expert testimony in the Federal Court of Canada and assisting Counsel with suggested questions for the cross-examination of the opposing accounting experts.

This case involved many complex financial issues related specifically to the pharmaceutical industry, including pipefill, double-ramp-up, and sales rebates, among others.  The Teva matter also involved a claim for loss of goodwill.


Level of Court