Eli Lilly and Company v. Teva Canada Limited, 2011 FCA 220 (Atomoxetine*)

Justice Evans; Justice Dawson; Justice Noël - 2011-07-05

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This is an appeal by Eli Lilly and Company (Lilly) from a decision of the Federal Court (2010 FC 915). In that decision, Justice Barnes (Judge) granted to Teva Canada Limited (Teva) a declaration under subsection 60(1) of the Patent Act, R.S.C. 1985, c. P-4, that Lilly's Canadian Patent No. 2,209,735 ('735 patent) was invalid for lack of utility. Teva was formerly Novopharm Limited and is referred to in the Judge's reasons as Novopharm.

Decision relates to:


Canadian Intellectual Property