Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53 (Olanzapine*)
Justice Laskin; Justice Gleason; Justice Rennie - 2018-03-20
Read full decision. Automatically generated summary:
Eli Lilly Canada Inc. appeals from the judgment of Justice O’Reilly of the Federal Court (2017 FC 88) awarding damages to Teva Canada Limited under section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, for loss suffered when it was kept out of the market for olanzapine by Lilly’s unsuccessful prohibition application under the Regulations. Lilly raises a series of grounds of appeal. Some would, if accepted, require dismissal of Teva’s claim in its entirety and return of the more than $70 million that Lilly has already paid towards the judgment, while others would reduce the amount payable. Teva has cross-appealed, on three grounds. For the reasons set out below, I would dismiss the appeal and allow the cross-appeal in part.
Decision relates to:
- A-71-17 - ELI LILLY CANADA INC. v TEVA CANADA LIMITED which is an appeal from 2017 FC 88 in T-1048-07