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15 April 2019
The Federal Court of Appeal allowed in part Apotex's appeal of a decision awarding Eli Lilly more than C$100 million for Apotex's infringement of eight process patents relating to the antibiotic cefaclor (for further details please see "Federal Court of Appeal overturns cefaclor damages decision on pre-judgment interest issue"). The Federal Court of Appeal rejected Apotex's argument that a non-infringing alternative would have been available to Apotex during the relevant period. The Federal Court of Appeal remitted the decision to the Federal Court for reconsideration solely on the issue of prejudgment interest (Apotex v Eli Lilly, 2018 FCA 217). On 22 January 2019 Apotex applied to the Supreme Court of Canada for leave to appeal (Docket 38485).
For further information on this topic please contact Andrew Mandlsohn at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email (email@example.com). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
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