Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217 (Cefaclor*)

Justice Gauthier; Justice Gleason; Justice Laskin - 2018-11-23

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This is the latest in a long saga of proceedings opposing generic drug producer Apotex Inc. and global pharmaceutical giant Eli Lilly and Company and its Canadian subsidiary, Eli Lilly Canada Inc. [together, Lilly]. Here, Apotex appeals the judgment of Zinn J. of the Federal Court (2014 FC 1254) [Damages Decision]. In that decision, the Federal Court was tasked with assessing the damages suffered by Lilly as a result of the infringement of eight Canadian patents for the processes relating to the making of a key intermediate compound (referred to as “7-ACCA”) required to make cefaclor, a cephalosporin antibiotic used to treat certain bacterial infections.

Decision relates to:


Canadian Intellectual Property