Canada:
Supreme Court Of Canada Denies Apotex Leave To Appeal ONCA Olanzapine Statutes Of Monopolies Decision
11 May 2023
Smart & Biggar
To print this article, all you need is to be registered or login on Mondaq.com.
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.
POPULAR ARTICLES ON: Intellectual Property from Canada
"Bad Faith" As A Ground Of Opposition
Goldman Sloan Nash & Haber LLP
A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company Inc. v. Kitasoo First Nation 2023 FC 1185).
15% Or 20% Longer Lasting
Goldman Sloan Nash & Haber LLP
A recent decision of the Federal Court provides a detailed review of alleged comparative advertising. Energizer Brands, LLC v. Gillette Company 2023 FC 804...
Protecting The Bitcoin File Format
Goldman Sloan Nash & Haber LLP
A decision of the UK Court of Appeal has found that copyright likely subsists in the Bitcoin File Format and provides a detailed summary of the concept of fixation in copyright law.