Canada’s Intellectual Property Firm

Supreme Court of Canada denies Apotex leave to appeal ONCA olanzapine Statutes of Monopolies decision

Authored byBrandon Heard

As we previously reported, the Ontario Court of Appeal affirmed the lower court’s decision dismissing Apotex’s claims against Eli Lilly under the Ontario and English Statutes of Monopolies, Trademarks Act, and common law conspiracy relating to an olanzapine patent. Eli Lilly had successfully obtained an order of prohibition against Apotex relating to Canadian Patent No. 2,041,113, which was later found invalid in a decision involving Novopharm (affirmed on appeal).

On April 27, 2023, the Supreme Court of Canada dismissed Apotex’s application for leave to appeal.

Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.

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