“Promise Doctrine”

Canada has filed its Statement of Defence in Eli Lilly’s NAFTA challenge to the ‘promise utility doctrine’ applied by Canadian courts to invalidate its Strattera and Zyprexa patents. The Statement of Defence characterizes Eli Lilly’s claims as, among other things, seeking to transform the NAFTA tribunal into “a supranational court of appeal from reasoned, principled, and procedurally just domestic court decisions.”

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