We would like to ensure that you are still receiving content that you find useful – please confirm that you would like to continue to receive ILO newsletters.
25 July 2018
In early 2018 the Federal Court of Appeal dismissed Eli Lilly Canada's appeal of a trial decision awarding more than C$70 million to Teva Canada under Section 8 of the Patented Medicines (Notice of Compliance) Regulations in respect of olanzapine (Eli Lilly's ZYPREXA). In Eli Lilly Canada Inc v Teva Canada Ltd (2018 FCA 53) the Federal Court of Appeal granted Teva's cross-appeal seeking to add to its recovery lost pipefill sales and an adjustment to account for an underreporting of sales in the data relied on by both parties' experts (for further details please see "Court dismisses Section 8 damages appeal and grants cross-appeal"). On 23 April 2018 Eli Lilly applied to the Supreme Court for leave to appeal (Docket 38077).
For further information on this topic please contact Andrew Mandlsohn at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email (email@example.com). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
The materials contained on this website are for general information purposes only and are subject to the disclaimer.
ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.