Apotex Inc. v. Eli Lilly and Company, 2021 FCA 149 (Cefaclor*)

Justice Webb; Justice Near; Justice Boivin - 2021-07-23

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The appellant, Apotex Inc. (Apotex) appeals from the judgment of Zinn J. of the Federal Court dated December 10, 2019 (2019 FC 1463) (Confidential Judgment and Reasons issued on November 20, 2019). This appeal is the second brought to our Court in connection with the quantification of damages sought by the respondents Eli Lilly and Company (Lilly US) and Eli Lilly Canada Inc. (Lilly Canada) (collectively referred to as “Lilly”). Specifically, this appeal concerns the computation of an interest award regarding Lilly’s damages.

Decision relates to:


Canadian Intellectual Property