ARTICLE
2 October 2021

Federal Court Approves Litigation Funding Agreement In Proposed Class Proceeding Against Generic Drug Manufacturers

SB
Smart & Biggar
Contributor
Smart & Biggar is Canada's largest firm practicing exclusively in intellectual property and technology law, with offices in Ottawa, Toronto, Montréal, Vancouver and Calgary. We are leaders in intellectual property and have been serving clients for over a century. Intellectual property rights are only valuable if they can be protected and exploited intelligently. At Smart & Biggar we are devoted to maximizing the value of our clients' intellectual property and technology assets. While we are proud that we have been selected repeatedly as Canada's leading intellectual property firm in numerous Canadian and international surveys, we recognize that our success is best measured by your success. Smart & Biggar operates as part of the IPH Limited group, under its own brand and independent from other IPH member firms. For more information, please visit https://www.smartbiggar.ca/
As previously reported, a proposed class action proceeding against over 50 generic drug manufacturers was commenced in 2020.
Canada Food, Drugs, Healthcare, Life Sciences
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As previously reported, a proposed class action proceeding against over 50 generic drug manufacturers was commenced in 2020. The proposed class action alleges that the defendants conspired to "allocate the market, fix prices and maintain the supply of generic drugs" contrary to the Competition Act, and claims damages of $2.75 billion.

On September 20, the Federal Court approved a litigation funding agreement (LFA) (Kathryn Eaton v Teva Canada Limited et al.2021 FC 968). The proposed class representative plaintiff entered into an LFA with a litigation funding group, Parabellum, to fund the action. Pursuant to the LFA, Parabellum will fund and be reimbursed for certain costs, including disbursements and adverse cost awards, and would be entitled to a Funding Fee. The approved Funding Fee is 10% of the claim proceeds after reimbursement of certain funds advanced and is subject to a cap of between $5 and $45 million depending on when the overall claim proceeds are received.

The claim references an ongoing investigation in the United States into price fixing, bid rigging, and market allocation in the generic pharmaceutical industry. According to the United States Department of Justice Antitrust Division Spring Update 2021, two companies – Teva and Glenmark – and one executive are awaiting trial. Three other executives have pleaded guilty, and five other generic companies have admitted to the charged conduct and have collectively agreed to pay over $426 million in criminal penalties for collusion.

Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

ARTICLE
2 October 2021

Federal Court Approves Litigation Funding Agreement In Proposed Class Proceeding Against Generic Drug Manufacturers

Canada Food, Drugs, Healthcare, Life Sciences
Contributor
Smart & Biggar is Canada's largest firm practicing exclusively in intellectual property and technology law, with offices in Ottawa, Toronto, Montréal, Vancouver and Calgary. We are leaders in intellectual property and have been serving clients for over a century. Intellectual property rights are only valuable if they can be protected and exploited intelligently. At Smart & Biggar we are devoted to maximizing the value of our clients' intellectual property and technology assets. While we are proud that we have been selected repeatedly as Canada's leading intellectual property firm in numerous Canadian and international surveys, we recognize that our success is best measured by your success. Smart & Biggar operates as part of the IPH Limited group, under its own brand and independent from other IPH member firms. For more information, please visit https://www.smartbiggar.ca/
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