Eli Lilly and Co v. Apotex Inc., 2014 FC 1254 (Cefaclor*)

Justice Zinn - 2015-01-23

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In the liability phase of this action it was held that at least one valid claim in each of eight separate patents owned by Eli Lilly, had been infringed by Apotex by its importation, manufacture, export, sale, and offer for sale of the antibiotic cefaclor in Canada (See 2009 FC 991; affd 2010 FCA 240; leave to appeal to SCC refused). As a consequence of the finding of infringement Lilly was entitled to elect either an accounting of profits or damages. Lilly elected to recover its damages and these Reasons reflect the court's decision on the damages recoverable by Lilly. The Court ordered $31,234,000 in damages, $75,040,649 in prejudgment interest, postjudgment interest at 5% and costs to be assessed in accordance with the reasons.

Decision relates to:


Canadian Intellectual Property