The appellant appealed a partial summary judgment dismissing its unjust enrichment claim for disgorgement of the respondents' profits.
The appellant argued that if a settlement agreement between the parties was found unenforceable under section 8 of the Patented Medicines (Notice of Compliance) Regulations, it should be entitled to disgorgement.
The Court of Appeal dismissed the appeal, finding that the appellant's deprivation could not exceed damages calculated under section 8, which do not include disgorgement.
Furthermore, the regulatory scheme provided a valid juristic reason for the respondents' profits, precluding the unjust enrichment claim.
