Canada’s Intellectual Property Firm

Supreme Court of Canada leave applications - SCC denies Idenix leave

SCC denies Idenix leave to appeal in SOVALDI dispute

On April 26, 2018, the Supreme Court of Canada dismissed Idenix’s application for leave to appeal (docket no. 37781) the Federal Court of Appeal (FCA)’s decision (reported here) which affirmed the trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). The FCA upheld the validity of Gilead’s Patent No. 2,527,657, and declared Idenix’s Patent No. 2,490,191 invalid on the basis of insufficiency of disclosure and inutility.

Eli Lilly seeks leave in olanzapine section 8 damages action

As previously reported, the Federal Court of Appeal (FCA) dismissed Eli Lilly Canada (Lilly)’s appeal of a trial decision awarding more than $70 million to Teva Canada (Teva) under section 8 of the Patented Medicines (Notice of Compliance) Regulations in respect of olanzapine (Lilly’s ZYPREXA). The FCA granted Teva’s cross-appeal seeking to add to its recovery lost pipefill sales and an adjustment to account for an under-reporting of sales in the data relied on by both parties’ experts: Eli Lilly Canada Inc v Teva Canada Limited, 2018 FCA 53. On April 23, 2018, Lilly applied to the Supreme Court of Canada for leave to appeal (docket no. 38077).