Publication
What M&A trends will transform the 2024 insurance landscape?
It is widely accepted that 2023 was one of the worst years in recent memory for M&A activity.
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Publication | May 2017
Case: Apotex Inc v Eli Lilly Canada Inc, et al (SCC Docket 37368)
Drug: CIALIS® (tadalafil)
Nature of case: Application for leave to appeal decision upholding prohibition order granted pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations)
Successful party: Eli Lilly Canada Inc. and ICOS Corporation (collectively Eli Lilly)
Date of decision: April 27, 2017
On April 27 the Supreme Court dismissed Apotex Inc.’s (Apotex) application for leave to appeal the Federal Court of Appeal (FCA) decision upholding the order prohibiting the minister of health from granting a notice of compliance to Apotex for its generic version of tadalafil under section 6 of the Regulations.
As we reported, the FCA dismissed Apotex’s appeal of the lower court’s decision on obviousness-type double patenting and insufficiency, and rejected Apotex’s argument that obviousness-type double patenting is assessed as of the publication date of the later patent. The FCA declined to specify the relevant date for this analysis, holding that “[t]his remains an open question.”
Eli Lilly was also successful in overcoming a double patenting attack in another s. 6 proceeding relating to the same patent against Mylan. Mylan also appealed and in that case the FCA declined to choose between the priority dates of the two patents, but did reject Mylan’s assertion of the publication date of the second patent as the appropriate date.
SCC Decision: Apotex Inc v Eli Lilly Canada Inc, Supreme Court of Canada – Judgments in Leave Applications (37368)
FCA Decision: Apotex Inc v Eli Lilly Canada Inc, 2016 FCA 267
Trial Decision: Eli Lilly Canada Inc v Apotex Inc, 2015 FC 875
Publication
It is widely accepted that 2023 was one of the worst years in recent memory for M&A activity.
Publication
The ongoing conflicts and further geopolitical tensions in Eastern Europe and the Middle East, coupled with upcoming elections in a number of key countries including the US and the UK, make 2024 challenging to predict what impact this will have on the insurance sector.
Publication
On 6 September 2022, the European Commission (EC) prohibited Illumina’s acquisition of Grail, bringing to an end the administrative stage of a legal saga that has attracted interest beyond competition law specialists.
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