Eli Lilly Canada Inc v Teva Canada Limited et al., 2022 FC 1398 (Tadalafil*)
Justice St-Louis - 2022-12-20
Read full decision. Summary prepared by Alan Macek:
[from 2022 but came to my attention more recently] The Defendants Teva, Pharmascience, Laboratoire Riva, Apotex, and Mylan have brought a motion for summary trial. ... In their Notice of Motion, the Defendants ask the Court for an order in their favour dismissing Lilly’s actions for infringement on the grounds that the Asserted Claims of the 784 Patent are invalid for overbreadth, insufficiency and inutility. In brief, the Defendants assert that the physiologically acceptable salts of tadalafil referred to in each Asserted Claims cannot be made and that as a result, the skilled person cannot make, construct, compound,or use a salt of tadalafil for the treatment of erectile dysfunction as required by each Asserted Claims. ... In brief, I agree with the parties and find it is appropriate to proceed by way of a motion for summary trial. I also find that the Defendants have met their burden and established that it is more probable than not that a physiologically acceptable salt of tadalafil cannot be made. The Defendants have established that the Asserted Claims are invalid on the grounds of overbreadth and of insufficiency. (Thanks to Norman Siebrasse for bringing this decision to my attention)
Decision relates to:
- T-1623-16 - ELI LILLY CANADA INC. ET AL v. PHARMASCIENCE INC.
- T-1624-16 - ELI LILLY CANADA INC, ELI LILLY ET AL v. LABORATOIRE RIVA INC.
- T-1627-16 - ELI LILLY CANADA INC. ET AL. v. MYLAN PHARMACEUTICALS ULC
- T-1631-16 - ELI LILLY CANADA INC. ET AL. v. TEVA CANADA LIMITED
- A-244-22(2024 FCA 72) - which is an appeal from this decision
- T-1632-16 - ELI LILLY CANADA INC., ELI LILLY AND COMPANY ET AL. v. APOTEX INC.
- T-1639-16 - ELI LILLY CANADA INC. ET AL. v. ACTAVIS PHARMA COMPANY