Erectile Dysfunction Patent Comes Up Short: Tadalafil Patent Claims Found To Be Old and Obvious
On September 10, 2020, the Federal Court released its public Judgement and Reasons holding that all asserted asserted claims of Canadian Patent... Read More
Aitken Klee successful in Teva Olanzapine Section 8 Damages Case
The Federal Court recently issued its decision in Eli Lilly Canada Inc. v. Teva Canada Limited, 2017 FC 88, Teva’s action for... Read More
Does Double Patenting Have A Relevant date? Perhaps
In Apotex Inc. v Eli Lilly Canada Inc., the Federal Court of Appeal dismissed Apotex’s appeal of the Federal Court decision that... Read More
Hospira Awarded $495,000 In Costs Despite Evidentiary Gap In The Reasonableness Of Certain Disbursements
In Eli Lilly Canada Inc v The Minister of Health et al, Justice Barnes awarded Hospira its costs against Eli Lilly in... Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application... Read More
Prothonotary Can Require Production of Relevant Confidential Documents From a Different Action
In Eli Lilly Canada Inc. v. Teva Canada Ltd., 2015 FC 801, Justice Annis allowed Teva’s appeal in part finding that the... Read More
Hands Off My Profits
In a decision released May 5, 2015, the Court of Appeal for Ontario has upheld the Divisional Court’s decision that had struck... Read More
Speculative theory of infringement sinks tadalafil prohibition application
On February 23, 2015 Justice de Montigny released his public reasons in a third prohibition application involving Eli Lilly and Mylan in... Read More
Proper date for assessing double patenting is the priority date of the earlier patent – Federal Court
On January 7, 2015, Justice De Montigny released the public Judgment and Reasons in a prohibition application under the Patented Medicines (Notice of... Read More
Product specificity requires “perfect matching”
In Eli Lilly Canada Inc. v. Canada (Attorney General) , Justice Bédard of the Federal Court ruled that the Minister of Health’s... Read More