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Pharmascience Win In Canada Clarifies Damages Rules

Court Rejects Pfizer’s Hypothetical Version Of Events

Executive Summary

Canada’s Federal Court of Appeal has dismissed an attempt by Pfizer to limit damages owed to Pharmascience as part of litigation over pregabalin. The court rejected Pfizer’s argument that the generics firm was not entitled to certain damages for lost sales that Pfizer said could have been blocked by the originator hypothetically seeking to enforce a patent protecting the Lyrica brand.

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