The defendants brought a motion for summary judgment to dismiss the plaintiff's action for treble damages and double costs under the Statute of Monopolies and common law torts, following the invalidation of the defendants' patent for Viagra.
Relying on a recent coordinate decision, the court found that the Patent Act and the Patented Medicines (Notice of Compliance) Regulations operate as a complete code, precluding the plaintiff's claims.
The court also dismissed the plaintiff's additional claims for unjust enrichment and nuisance on their merits.
The motion for summary judgment was granted, and both the claim and counterclaim were dismissed.
