Canada:
Supreme Court Of Canada Denies Apotex Leave To Appeal ONCA Olanzapine Statutes Of Monopolies Decision
11 May 2023
Smart & Biggar
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As we previously reported, the Ontario Court
of Appeal affirmed the lower court's decision dismissing
Apotex's claims against Eli Lilly under the Ontario and English
Statutes of Monopolies, Trademarks Act, and
common law conspiracy relating to an olanzapine patent. Eli Lilly
had successfully obtained an order of prohibition against Apotex
relating to Canadian Patent No. 2,041,113, which was later found invalid in a
decision involving Novopharm (affirmed on appeal).
On April 27, 2023, the Supreme Court of Canada dismissed Apotex's application for leave to
appeal.
Should you have any questions, please do not hesitate to contact
a member of the Pharmaceutical Litigation Group.
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.
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