Eli Lilly Canada Inc. et al. v. Pharmascience and Laboratoire Riva Inc., 2021 FCA 127 (Tadalafil*)
Justice Rennie - 2021-06-29
Read full decision. Automatically generated summary:
The respondents Pharmascience Inc. and Laboratoire Riva Inc. move for an order precluding the appellants Eli Lilly Canada Inc., Eli Lilly and Company, Lilly Del Caribe, Inc., Lilly, S.A., and ICOS Corporation from referring to UK 1,404,340 Patent (UK patent) in their memorandum of fact and law, including the UK patent in the joint book of authorities or placing the UK patent before the panel hearing the appeal. ... In sum, a foreign patent does not fit within the definition of “authority” recognised by this Court. ... The panel hearing this appeal has full discretion to determine how the appeal before it proceeds, including the power to allow evidence, fresh or otherwise, with or without a formal motion and to receive any document that it considers helpful in its deliberation. ... For that reason, I decline to grant the respondents’ request that the appellants be precluded from placing the patent before the panel.
Decision relates to:
- A-236-20 - Eli Lilly Canada Inc. et al. v. Pharmascience Inc. et al. which is an appeal from 2020 FC 816 in T-1623-16