In early 2018 the Federal Court of Appeal dismissed Eli Lilly Canada's appeal of a trial decision awarding more than $70 million to Teva Canada under Section 8 of the Patented Medicines (Notice of Compliance) Regulations in respect of olanzapine (Eli Lilly's ZYPREXA). In Eli Lilly Canada Inc v Teva Canada Ltd (2018 FCA 53) the Federal Court of Appeal granted Teva's cross-appeal seeking to add to its recovery lost pipefill sales and an adjustment to account for an underreporting of sales in the data relied on by both parties' experts (for further details please see "Court dismisses Section 8 damages appeal and grants cross-appeal"). On 23 April 2018 Eli Lilly applied to the Supreme Court for leave to appeal (Docket 38077).
For further information on this topic please contact Andrew Mandlsohn at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar/Fetherstonhaugh website can be accessed at www.smart-biggar.ca.
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