In May 2020, Osler successfully represented Teva Canada in a multi-party patent proceeding. The case involved the drug rivaroxaban (XARELTO), a significant product with significant sales in Canada. The trial judge ordered a common hearing of Teva’s case which would have negated Teva’s first mover advantage to generic pharmaceutical companies. Osler’s leave to appeal was granted and oral arguments were heard before the Federal Court of Appeal in January 2020, after which Teva’s appeal was granted, with costs.
The case was named one of the “Impact Cases of the Year” for 2021, at the Managing Intellectual Property Americas Awards.
Teva Canada is a pharmaceutical company specializing in developing and producing generic medicines with a portfolio of 3,500 products in each therapeutic area.
Osler, Hoskin & Harcourt LLP advised Teva Canada with a team consisting of Brad White, Marshall Rothstein, Nathaniel Lipkus and Lillian Wallace (Intellectual Property).