Eli Lilly and Company v. Apotex inc., 2009 FC 991 (Cefaclor*)

Justice Gauthier - 2009-10-01

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The plaintiffs in this action claim that their rights under eight Canadian patents were infringed when Apotex Inc. (Apotex) imported bulk cefaclor into Canada for use in the various Apo-cefaclor dosage forms they sold after January, 1997. The plaintiff Eli Lilly and Company (Lilly U.S.) is the owner of these eight patents. Eli Lilly Canada Inc. (Lilly Canada) is a wholly owned subsidiary of Lilly U.S. incorporated under the laws of Ontario and it alleges that it has rights under the patentee, which is contested by Apotex. These plaintiffs will collectively be referred to as "Lilly".

Decision relates to:


Canadian Intellectual Property