Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients.
Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights.
As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
As previously reported, the Federal Court of Appeal (FCA) allowed in part Apotex's appeal of a decision awarding Eli Lilly over $100 million for Apotex's infringement ...
As
previously reported, the Federal Court of Appeal (FCA) allowed
in part Apotex's appeal of a decision awarding Eli Lilly over
$100 million for Apotex's infringement of eight process patents
related to the antibiotic cefaclor. The FCA
rejected Apotex's argument that a non-infringing alternative
would have been available to Apotex during the relevant period. The
FCA remitted the decision to the Federal Court for reconsideration
solely on the issue of prejudgment
interest: Apotex v Eli Lilly, 2018 FCA 217. On January 22, 2019, Apotex
applied to the Supreme Court of Canada for leave to appeal (Docket
No. 38485).
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
directly.