Canada: Ontario’s enhanced emergency powers: What employers need to know about Bill 195
On July 21, 2020, Bill 195 (the Bill) received royal assent.
Pharma in brief - Supreme Court dismisses leave to appeal regarding test for obviousness-type double patenting in tadalafil s.6 case
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
Summary
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.
Links to decisions:
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
Contacts
Recent publications
UK: Essential Corporate News: Week ending July 31, 2020
On July 24, 2020, the European Commission announced that it has adopted a Capital Markets Recovery Package as part of its overall Coronavirus recovery strategy.
IP monitor: Federal Court of Appeal: Of course the Federal Courts can interpret agreements!
The Federal Court of Appeal has confirmed that the Federal Courts can – and do – interpret contracts between private citizens as long as it is done under a sphere of valid jurisdiction vested in the Federal Court.
Subscribe and stay up to date with the latest legal news, information and events...