RESOLVED, that IPO supports that any section 8 damages awarded pursuant to a proceeding under the Canadian Patented Medicines (Notice of Compliance) Regulations (“PMNOC Proceeding”) must be based on damages proven to have actually been suffered by each generic claimant, and that a patentee’s total liability for all generic claimants’ lost profits under section 8 for a given product may not exceed the profits collectively lost on account of PMNOC Proceedings. As such, the unit sales upon which the PMNOC lost profits calculations are based may not collectively exceed 100% of the incremental units of generic product that the generic claimants would have sold had the patentee not brought the PMNOC Proceedings.
