On August 6, 2020, the Federal Court issued its decision in
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020
FC 816, invalidating Eli Lilly's patent, Canadian Patent No.
2,371,684 (the 684 Patent) directed to low doses of tadalafil, on
the grounds of both anticipation and obviousness. The decision was
a major victory for Osler's long-time client Mylan
Pharmaceuticals ULC (Mylan) and followed a common invalidity trial
across multiple proceedings involving Eli Lilly and generics Mylan,
Apotex, Teva, Pharmascience and Riva. Mylan had earlier succeeded
in respect of the 684 Patent in a proceeding under the Patented
Medicines (Notice of Compliance) Regulations (Eli Lilly
Canada Inc. v. Mylan Pharmaceuticals ULC, 2015 FC 125).
