Lilly v. Apotex Inc, 2019 FC 1463 (Cefaclor*)

Justice Zinn - 2019-12-10

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This action for patent infringement was commenced on June 18, 1997. The plaintiffs, Lilly, claimed that their rights under eight patents were infringed when the defendant, Apotex, imported bulk cefaclor for use in Apo-cefaclor which it sold in Canada after January 1997. ... Judgment and Reasons issued in December 2014: 2014 FC 1254 [the Damages Judgment]. It was found that Lilly suffered damages on account of lost profits over 5 years of $31,234,000.00 [the Lost Profits]. It was also found that Lilly suffered damages for the time value of the Lost Profits in the 17 years before the damages judgment issued. ... Apotex appealed the Damages Judgment to the Federal Court of Appeal: 2018 FCA 217 ... The Judgment of the Federal Court of Appeal reads, in relevant part: "The appeal is dismissed except with respect to the portion of the award dealing with damages in the form of interest. The matter will be remitted to Zinn J. for reconsideration of this issue only."

Decision relates to:


Canadian Intellectual Property